B. J.'s Flooring, Inc. v. T. C. Interiors, Inc.

Court of Appeals of Georgia

B. J.'s Flooring, Inc. v. T. C. Interiors, Inc.

419 S.E.2d 528, 204 Ga. App. 441, 92 Fulton County D. Rep. 847, 1992 Ga. App. LEXIS 878

CourtCourt of Appeals of Georgia

DecidedJune 3, 1992

DocketA92A0732

StatusPublished

Cited by2 cases

This text of 419 S.E.2d 528 (B. J.'s Flooring, Inc. v. T. C. Interiors, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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B. J.'s Flooring, Inc. v. T. C. Interiors, Inc., 419 S.E.2d 528, 204 Ga. App. 441, 92 Fulton County D. Rep. 847, 1992 Ga. App. LEXIS 878 (Ga. Ct. App. 1992).

Pincite

Opinion

Cooper, Judge.

Appellant, a nonresident sub-contractor, brought an action against appellees, alleging nonpayment of sums due under a contract. Appellees filed an answer and counterclaim against appellant and subsequently moved to dismiss the complaint on the grounds that appellant had not complied with the registration requirements of the Nonresident Contractors Act, Ga. L. 1978, p. 309 § 2 at 738 (codified at OCGA § 48-13-37.) The trial court dismissed the complaint without prejudice and this appeal followed.

“ ‘ “An appeal from an order dismissing the plaintiff’s claim is premature when there is a counterclaim pending in the court below.” [Cits.] . . . (T)he pendency of the counterclaim plus the absence of a determination by the trial judge that there was no just reason for delay and express direction for entry of judgment under . . . [OCGA § 9-11-54 (b)] (cits.) prevented the order from being final and (directly) appealable. This, coupled with the appellant’s failure to follow the applicable procedure for review under (OCGA § 5-6-34 (b)) (cits.), subjects the instant appeal to dismissal (as premature).’ [Cit.]” Fasse v. Sexton, 193 Ga. App. 9 (387 SE2d 17) (1989).

Appeal dismissed.

Sognier, C. J., and McMurray, P. J., concur.

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Cooper, Judge.

Appellant, a nonresident sub-contractor, brought an action against appellees, alleging nonpayment of sums due under a contract. Appellees filed an answer and counterclaim against appellant and subsequently moved to dismiss the complaint on the grounds that appellant had not complied with the registration requirements of the Nonresident Contractors Act, Ga. L. 1978, p. 309 § 2 at 738 (codified at OCGA § 48-13-37.) The trial court dismissed the complaint without prejudice and this appeal followed.

“ ‘ “An appeal from an order dismissing the plaintiff’s claim is premature when there is a counterclaim pending in the court below.” [Cits.] . . . (T)he pendency of the counterclaim plus the absence of a determination by the trial judge that there was no just reason for delay and express direction for entry of judgment under . . . [OCGA § 9-11-54 (b)] (cits.) prevented the order from being final and (directly) appealable. This, coupled with the appellant’s failure to follow the applicable procedure for review under (OCGA § 5-6-34 (b)) (cits.), subjects the instant appeal to dismissal (as premature).’ [Cit.]” Fasse v. Sexton, 193 Ga. App. 9 (387 SE2d 17) (1989).

Appeal dismissed.

Sognier, C. J., and McMurray, P. J., concur.

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419 S.E.2d 528, 204 Ga. App. 441, 92 Fulton County D. Rep. 847, 1992 Ga. App. LEXIS 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-js-flooring-inc-v-t-c-interiors-inc-gactapp-1992.

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