Pugh v. Frank Jackson Lincoln-Mercury, Inc.

Quillian, Presiding Judge.

The defendant appeals from an order dismissing its counterclaim. Held:

1. The plaintiff, appellee, contends that the dismissal of a counterclaim is not appealable without complying with Code Ann. § 6-701 (a) 2 (Ga. L. 1965, p. 18; as amended through Ga. L. 1975, pp. 757, 758). However, 3 days after the order on the counterclaim the plaintiff dismissed the complaint. Hence, the cause is no longer pending in the court below and the judgment complained of was appealable directly.

2. The thrust of the plaintiffs complaint was that the defendant had fraudulently…