
    54845.
    WILLIAMS v. RAY.
    Argued November 8, 1977
    Decided January 27, 1978.
    
      J. Wayne Parrish, for appellant.
    
      Black & Black, Eugene C. Black, Jr., W. Emory Walters, Rick E. Ellis, for appellee.
   Quillian, Presiding Judge.

Appeal was taken from the grant of defendant’s motion to dismiss the plaintiffs claim. The defendant had filed a counterclaim which had not been ruled upon prior to the transmittal of the appeal to this court. Held:

There being no compliance with Code Ann. § 6-701 (a) 2 (Ga. L. 1965, p. 18; 1968, pp. 1072,1073), or CPA§ 54 (b) (Code Ann. § 81A-154 (b) (Ga. L. 1966, pp. 609, 658; 1976, pp. 1047, 1049, eff. Sept. 6, 1976)), the instant appeal, brought before final judgment and while a counterclaim was pending, is premature. Roach-Russell, Inc. v. A. B. R. Metals &c. Inc., 138 Ga. App. 653 (227 SE2d 75).

Appeal dismissed.

Shulman and Banke, JJ., concur.  