Legal Opinion
Cleveland v. Watkins
Court of Appeals of Georgia
Decided September 8, 1981No. 62365PublishedCited by 6 opinions
1Opinion of the Court
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 plaintiffs claim is premature when there is a counterclaim pending in the court below.” Butler Auction Co. v. Hosch, 119 Ga. App. 562 (167 SE2d 684). Accord, Campbell v. George, 129 Ga. App. 644 (200 SE2d 503). Here, as in Patterson v. Professional Resources, 242 Ga. 459 (la) (249 SE2d 248) the…
2Cases cited3 opinions
- Patterson v. Professional Resources, Inc.Supreme Court of Georgia · 1978
- BUTLER AUCTION COMPANY v. HoschCourt of Appeals of Georgia · 1969
- Campbell v. GeorgeCourt of Appeals of Georgia · 1973
3Cited by6 opinions
- Union Indemnity Insurance Company of New York v. Cherokee Insurance CompanyCourt of Appeals of Georgia · 1983
- DeKalb County Teachers Federal Credit Union v. Citizens & Southern National BankCourt of Appeals of Georgia · 1985
- Fasse v. SextonCourt of Appeals of Georgia · 1989
- Calhoun Clinic, P. C. v. RajuCourt of Appeals of Georgia · 1985
- Newton v. K. B. Property Management of Georgia, Inc.Court of Appeals of Georgia · 1983
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