Walker v. Walker

Full title: WALKER v. WALKER

Court: Court of Appeals of Georgia

Date published: Sep 16, 1981

284 S.E.2d 89 (Ga. Ct. App. 1981)

284 S.E.2d 89

Opinion

62217.

DECIDED SEPTEMBER 16, 1981.

Motion to strike. Richmond Superior Court. Before Judge Fleming.

Jerry M. Daniel, for appellant.

H. William Sams, Jr., for appellee.

SHULMAN, Presiding Judge.

This appeal is from an order granting a motion by the appellee-plaintiff to strike a counterclaim filed by the appellant-defendant. Appellee's original complaint against the appellant is still pending. "There has been no express determination or direction as to the finality of the order as is provided for by Code Ann. § 81A-154 (b). Nor did the trial judge enter a certificate under the provisions of Code Ann. § 6-701 (a) 2. Hence, the appeal is premature and must be dismissed." Middleton v. State Farm Life Ins. Co., 143 Ga. App. 176, 177 ( 237 S.E.2d 684).

Appeal dismissed. Birdsong and Sognier, JJ., concur.

SHULMAN, Presiding Judge.

DECIDED SEPTEMBER 16, 1981.