Plaintiff in this shareholder's derivative action, appeals from an order granting defendants' motion to require him to pay the reasonable expenses incurred by them in the defense of the action, including attorney fees, as provided for by Business Corporation Code 22-615 (e) authorizing such an award "upon final judgment and a finding that the action was brought without reasonable cause." We remand with direction. 1. Plaintiff contends, inter alia, that since he had voluntarily dismissed the action after a day and a half of trial, there was no "final judgment" as 22-615 (e) requires. In response defendants move to dismiss the appeal on the ground, inter alia, that if the award is not a "final judgment" as plaintiff claims, then he may not properly appeal from it pursuant to Code Ann. 6-701 (a) 1. We hold that the award was "final" for both purposes. It is our view that plaintiff cannot avoid the application of 22-615 (e) by the simple expedient of dismissing the action as was attempted here since a contrary holding would obviously frustrate the purpose of the statute. In addition, the award must be taken as "final" for appeal purposes since "the cause is no longer pending in the court below." Code Ann. 6-701 (a) 1. (Cf. American Key Corp. v. MARTA, 150 Ga. App. 21 (256 SE2d 618) (1979) (order releasing bond as last order in case)). The motion to dismiss the appeal on this ground is denied, as well as on the remaining ground concerning the filing of the transcript in the trial court. Code Ann. 6-809 (b). Alford Wall, A. J. Block, Jr., for appellees. | 
