American Mutual Insurance Company v. Thompson

Court of Appeals of Georgia

American Mutual Insurance Company v. Thompson

311 S.E.2d 846, 169 Ga. App. 24, 1983 Ga. App. LEXIS 2965

CourtCourt of Appeals of Georgia

DecidedNovember 23, 1983

Docket66885

StatusPublished

Cited by7 cases

This text of 311 S.E.2d 846 (American Mutual Insurance Company v. Thompson) 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.

Bluebook

American Mutual Insurance Company v. Thompson, 311 S.E.2d 846, 169 Ga. App. 24, 1983 Ga. App. LEXIS 2965 (Ga. Ct. App. 1983).

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Opinion

Shulman, Chief Judge.

Plaintiff/appellant filed suit against defendant/appellee on a contract and appellee counterclaimed. A jury found for appellee in both the main action and the counterclaim, and this appeal followed.

1. In its first enumerated error, appellant argues that a series of jury charges given by the trial court did not state completely the law as to an implied or express waiver of an insurance policy provision. While appellant voiced an objection at trial to the charges at issue, that objection was not the one now enumerated as error. Since “grounds enumerated as error but not raised during trial may not be raised for the first time on appeal” (Jackson v. Meadows, 157 Ga. App. 569, 571 (278 SE2d 8)), we need not consider this enumerated error further.

2. Appellant maintains that reversible error was committed when the trial court gave the jury instructions in an order which differed from that which was given to appellant’s counsel. Finding no harm which resulted from this event, we decline to reverse the judgment on this ground. Premium Distributing Co. v. National Distributing Co., 157 Ga. App. 666, 670 (278 SE2d 468).

Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur.

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Shulman, Chief Judge.

Plaintiff/appellant filed suit against defendant/appellee on a contract and appellee counterclaimed. A jury found for appellee in both the main action and the counterclaim, and this appeal followed.

1. In its first enumerated error, appellant argues that a series of jury charges given by the trial court did not state completely the law as to an implied or express waiver of an insurance policy provision. While appellant voiced an objection at trial to the charges at issue, that objection was not the one now enumerated as error. Since “grounds enumerated as error but not raised during trial may not be raised for the first time on appeal” (Jackson v. Meadows, 157 Ga. App. 569, 571 (278 SE2d 8)), we need not consider this enumerated error further.

2. Appellant maintains that reversible error was committed when the trial court gave the jury instructions in an order which differed from that which was given to appellant’s counsel. Finding no harm which resulted from this event, we decline to reverse the judgment on this ground. Premium Distributing Co. v. National Distributing Co., 157 Ga. App. 666, 670 (278 SE2d 468).

Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur.

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311 S.E.2d 846, 169 Ga. App. 24, 1983 Ga. App. LEXIS 2965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-mutual-insurance-company-v-thompson-gactapp-1983.

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