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

Banke, Judge.

This case was previously before us in a premature attempt by the plaintiff/appellant to appeal a partial judgment on the pleadings regarding a claim for breach of contract. We dismissed the appeal because an additional claim based on quantum meruit remained pending in the trial court, as did a counterclaim filed by the appellee. See Tomberlin Associates Architects v. Athens Bank & Trust, 158 Ga. App. 659 (281 SE2d 645) (1981). The trial court has now granted summary judgment to the defendant/appellee on the issue, and appellant again appeals. The additional claim of the appellant…