Supreme Court of Georgia November 25, 1980, 36548 (Estes v. John Bleakley Ford, Inc.)

Marshall, Justice.

The appellant filed a dispossessory proceeding against his tenant, appellee. Without any hearing on the appellant’s motion to dismiss the appellee’s counterclaim, the tenant remained in *748possession under an order of November 27,1978, and on February 28, 1979, a consent judgment provided for the tenant’s continued possession only through September 30,1979, unless a new