GOURMET DELIGHTS, INC. v. EDGEWATER COUNTRY CLUB

McMURRAY, Presiding Judge.

This is a direct appeal from an order striking defendants' answers (for failure to comply with discovery), entering judgment for plaintiff, reserving the issue of damages for trial and awarding plaintiff attorney fees (in connection with its motion for discovery sanctions). Held:

1. Ordinarily, to be appealable, a judgment must be final, i.e., the case must no longer be pending in the trial court. OCGA § 5-6-34 (a) (1). "[S]ince it is clear that the case is still pending in the court below the appeal is premature and therefore subject to dismissal." Black v. Sturdivant, 131 Ga. App. 698 ( 206 S.E.2d 526). See Havischak v. Neal, 176 Ga. App. 203 ( 335 S.E.2d 469). See also Vowell v. Carmichael, 235 Ga. 410 ( 219 S.E.2d 735); American Express Co. v. Yondorf, 169 Ga. App. 498 ( 313 S.E.2d 756).

2. The motion to assess a penalty for frivolous appeal is denied.

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