Banks v. Carter

Court of Appeals of Georgia

Banks v. Carter

336 S.E.2d 46, 176 Ga. App. 205, 1985 Ga. App. LEXIS 2326

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1985

Docket68670

StatusPublished

This text of 336 S.E.2d 46 (Banks v. Carter) 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.

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Banks v. Carter, 336 S.E.2d 46, 176 Ga. App. 205, 1985 Ga. App. LEXIS 2326 (Ga. Ct. App. 1985).

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Opinion

Sognier, Judge.

In Banks v. Carter, 173 Ga. App. 93 (325 SE2d 453) (1984), we reversed the trial court’s grant of summary judgment in favor of Carter and Pierce. Our judgment was reversed by the Supreme Court in Carter v. Banks, 254 Ga. 550 (330 SE2d 866) (1985). In a special concurrence, one Justice brought to our attention a matter not decided by the Supreme Court, involving Banks’ $100 deductible and punitive damages. However, the opinion of the clear majority of the Supreme Court makes no reference to our consideration of this matter and we are bound by the judgment in that opinion. Accordingly, our judgment in this case is vacated, the judgment of the Supreme Court is made the judgment of this court and the judgment of the trial court is affirmed.

Judgment affirmed.

Deen, P. J., and McMurray, P. J., concur. Marjorie M. McCaw, for appellees.

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Sognier, Judge.

In Banks v. Carter, 173 Ga. App. 93 (325 SE2d 453) (1984), we reversed the trial court’s grant of summary judgment in favor of Carter and Pierce. Our judgment was reversed by the Supreme Court in Carter v. Banks, 254 Ga. 550 (330 SE2d 866) (1985). In a special concurrence, one Justice brought to our attention a matter not decided by the Supreme Court, involving Banks’ $100 deductible and punitive damages. However, the opinion of the clear majority of the Supreme Court makes no reference to our consideration of this matter and we are bound by the judgment in that opinion. Accordingly, our judgment in this case is vacated, the judgment of the Supreme Court is made the judgment of this court and the judgment of the trial court is affirmed.

Judgment affirmed.

Deen, P. J., and McMurray, P. J., concur. Marjorie M. McCaw, for appellees.

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336 S.E.2d 46, 176 Ga. App. 205, 1985 Ga. App. LEXIS 2326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-carter-gactapp-1985.

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