BRANAN SCHMITZ REALTY, INC. v. ELLIS

QUILLIAN, Judge.

Where as in the case sub judice the defendant's counterclaim is still pending in the trial court, an appeal complaining of the granting of a judgment on the pleadings for the defendant in the main complaint is not a final judgment. Without a proper certificate from the trial judge, the appeal is therefore premature. Brown v. Elliott, 115 Ga. App. 89, 90 ( 153 S.E.2d 665); Conte Enterprises v. Romax Const. Co., 128 Ga. App. 121 ( 195 S.E.2d 798); O'Kelley v. Evans, 223 Ga. 512 ( 156 S.E.2d 450).

Appeal dismissed. Bell, C. J., and Clark, J., concur.