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CLEVELAND v. WATKINS

62365.

159 Ga. App. 885 (1981)

288 S.E.2d 371

CLEVELAND v. WATKINS et al.

Court of Appeals of Georgia.

Rehearing Denied October 9, 1981.

Attorney(s) appearing for the Case

Jesse Cleveland, pro se.

Larry Cohran, for appellees.

QUILLIAN, Chief Judge.

The plaintiff appeals from an order dismissing his complaint. Held:

The trial judge in the order appealed from further recited: "the defendants' counter-claim against the plaintiff remains viable and is still pending against the plaintiff."

"An appeal from an order dismissing the plaintiff's claim is premature when there is a counterclaim pending in the court below." Butler Auction Co. v. Hosch,

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