B. J.'s Flooring, Inc. v. T. C. Interiors, Inc.

Cooper, Judge.

Appellant, a nonresident sub-contractor, brought an action against appellees, alleging nonpayment of sums due under a contract. Appellees filed an answer and counterclaim against appellant and subsequently moved to dismiss the complaint on the grounds that appellant had not complied with the registration requirements of the Nonresident Contractors Act, Ga. L. 1978, p. 309 § 2 at 738 (codified at OCGA § 48-13-37.) The trial court dismissed the complaint without prejudice and this appeal followed.

“ ‘ “An appeal from an order dismissing the plaintiff’s claim is premature when there…