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DAWN MEMORIAL PARK, INC. v. SOUTHERN CEMETERY CONSULTANTS OF GEORGIA, INC.

JORDAN, Judge.

This is an appeal from the judgment of the trial court overruling the defendant's motion to dismiss count 2 of the plaintiff's petition. Held:

The record before this court discloses that count 1 of the petition is still pending in the trial court. Accordingly, the judgment appealed from is neither a final judgment nor one which would have been final if rendered as contended for by the appellant ( Code Ann. § 6-701); and the appeal must be dismissed as being premature. Code Ann. § 6-809 (b); Johnson v. Henry Co., 178 Ga. 542 ( 174 S.E. 140); Railey v. United Life c. Ins. Co., 25 Ga. App. 301 ( 103 S.E. 184); McFarland v. Lumpkin, 108 Ga. App. 370 ( 133 S.E.2d 117).

Appeal dismissed. Bell, P. J., and Eberhardt, J., concur.

ARGUED JUNE 9, 1966 — DECIDED JUNE 10, 1966.
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DAWN MEMORIAL PARK v. SOUTHERN CEMETERY CONSULTANTS
(Jun 10, 1966)