Tomberlin Associates Architects, Inc. v. Athens Bank & Trust

Banke, Judge.

This appeal is from a judgment on the pleadings for the defendant in a suit on a contract. Because the defendant’s counterclaim remains pending in the trial court, the judgment is not *660final. Absent a certificate from the trial judge and grant of interlocutory appeal by this court, the appeal is premature. See Branan & Schmitz Realty, Inc. v. Ellis, 133 Ga. App. 224 (211 SE2d 173) (1974). Furthermore, the trial court’s order did not dispose of an amendment to the complaint based on quantum meruit, and this aspect of the suit also remains pending in the trial court.

Decided May 27,…