Georgia Court Of Appeals, (June 17, 1998)
Docket number: A98A0184
DECIDED
Permanent Link:
http://vlex.com/vid/20428323
Id. vLex: VLEX-20428323
Click here to download this article in graphic format (Acrobat Reader)
Appeal dismissed. Pope, P. J., and Beasley, J., concur.
Mohamad Hadid directly appeals the trial court's order granting judgment to defendants D. Kent Beals and Joseph Lett. Because we find that the trial court's order was interlocutory, we dismiss the appeal.The record shows that Hadid obtained a consent judgment against Atlanta Travel Service, Inc. ("ATS"). During postjudgment discovery, Hadid learned that ATS's only asset was an office safe which could not be located. Hadid filed the instant action seeking to pierce ATS's corporate veil and hold ATS's shareholders, Beals and Lett, liable for the consent judgment. Beals and Lett answered the complaint and admitted both the existence of the consent order and that they were shareholders. Beals also filed a counterclaim against Hadid in which he alleged that Hadid was liable for abusive litigation "pursuant to O.C.G.A. 51-7-80 through 51-7-85" and 9-15-14.When the case was called for trial, Lett moved to dismiss based on a lack of personal jurisdiction and both defendants moved to dismiss based on res judicata. After reviewing responsive materials filed by Hadid, the trial court entered judgment in favor of both defendants on Hadid's complaint. Although the trial court referred to the judgment as a "final judgment," the court did not resolve Beals' counterclaim. Hadid filed this direct appeal asserting that the trial court erred in granting judgment to the defendants.In light of Beals' pending counterclaim, [1] the trial court's judgment is interlocutory, and because Hadid filed a direct appeal, we have no jurisdiction to consider the matter. See Hogan Mgmt. Svcs., P.C. v. Martino,