W. L. Pettus Construction Co. v. Commercial Union Insurance

Stolz, Judge.

To the action against it filed by George W. Smith Co., W. L. Pettus Construction Co., Inc. filed a pleading denominated answer and "cross claim,” stating joint and several claims against the plaintiff and Commercial Union Insurance Co., which was brought in as a party defendant pursuant to the provisions of Code Ann. § 81A-113 (h) (Ga. L. 1966, pp. 609, 625). The defendant appeals, without an immediate review certificate, from the trial judge’s order granting defendant Commercial Union’s motion to dismiss as to it.

1. Since the substance of a legal pleading determines its nature,…