McCabe v. Lundell

Carley, Judge.

Appellee-plaintiff brought suit against appellant-defendant, alleging a tort claim for assault and battery. Appellant answered and filed a counterclaim against appellee. Subsequently, appellant moved to disqualify appellee’s attorney and to add him as a party-defendant to the counterclaim. The trial court denied appellant’s motion, but certified its order for immediate review. Appellant applied for an interlocutory appeal and the instant appeal results from the grant of his [application.

1. OCGA § 9-11-13 (h) provides as follows: “When the presence of parties other than those to…