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HUBERT v. LAWSON et al.

DEEN, Presiding Judge.

Where the defendant's counterclaim is still pending in the trial court, an appeal from an order dismissing the complaint against such defendant is not a final judgment. Branan Schmitz Realty v. Ellis, 133 Ga. App. 224 ( 211 S.E.2d 173).

Appeal dismissed. Webb and Marshall, JJ., concur.

ARGUED JUNE 6, 1977 — DECIDED JUNE 15, 1977.
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HUBERT v. LAWSON
(Jun 15, 1977)