Gorrell v. Fowler

Clarke, Justice.

Gorrell, the appellant, sued for breach of contract and Fowler, the appellee, counterclaimed. Gorrell’s complaint was dismissed during the course of the trial. This is his appeal which was brought under Code Ann. § 6-701 (a) 1: “Where the judgment is final — that is to say — where the cause of action is no longer pending in the court below.....”

The appellee has filed a motion to dismiss on the ground that the order sought to be appealed is not final as the counterclaim has not been dismissed and therefore the cause is still pending. There has been no order of final judgment…