Baxley Veneer & Clete Co. v. Maddox

Court of Appeals of Georgia

Baxley Veneer & Clete Co. v. Maddox

415 S.E.2d 197, 202 Ga. App. 570, 1992 Ga. App. LEXIS 92

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1992

DocketA90A1525, A90A1526

StatusPublished

This text of 415 S.E.2d 197 (Baxley Veneer & Clete Co. v. Maddox) 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

Baxley Veneer & Clete Co. v. Maddox, 415 S.E.2d 197, 202 Ga. App. 570, 1992 Ga. App. LEXIS 92 (Ga. Ct. App. 1992).

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Opinion

Cooper, Judge.

This court entered a judgment in the above-styled case at 198 Ga. App. 235 (401 SE2d 282) (1990) reversing the judgment of the trial court. In that case we found that the trial court properly denied appellants’ motion for a directed verdict, but erred in failing to give appellants’ requests to charge on part performance, thus requiring a new trial. We also held that the trial court did not err in allowing the issue of attorney fees to go to the jury. The Supreme Court in Baxley Veneer &c. Co. v. Maddox, 261 Ga. 309 (404 SE2d 554) (1991) reversed our decision and held that the trial court erred in denying appellants’ motion for a directed verdict and in allowing the issue of attorney fees to go to the jury. In accordance with the decision of the Supreme Court, the decision of this court in Case No. A90A1525 is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Since our decision in Case No. A90A1526 was not disturbed, that decision is readopted and incorporated herein by reference.

. Judgment reversed in Case No. A90A1525. Judgment affirmed in Case No. A90A1526.

Birdsong, P. J., and Judge Arnold Shulman concur. Law Office of Barnard M. Portman, Paul H. Felser, for appellee.

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Cooper, Judge.

This court entered a judgment in the above-styled case at 198 Ga. App. 235 (401 SE2d 282) (1990) reversing the judgment of the trial court. In that case we found that the trial court properly denied appellants’ motion for a directed verdict, but erred in failing to give appellants’ requests to charge on part performance, thus requiring a new trial. We also held that the trial court did not err in allowing the issue of attorney fees to go to the jury. The Supreme Court in Baxley Veneer &c. Co. v. Maddox, 261 Ga. 309 (404 SE2d 554) (1991) reversed our decision and held that the trial court erred in denying appellants’ motion for a directed verdict and in allowing the issue of attorney fees to go to the jury. In accordance with the decision of the Supreme Court, the decision of this court in Case No. A90A1525 is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Since our decision in Case No. A90A1526 was not disturbed, that decision is readopted and incorporated herein by reference.

. Judgment reversed in Case No. A90A1525. Judgment affirmed in Case No. A90A1526.

Birdsong, P. J., and Judge Arnold Shulman concur. Law Office of Barnard M. Portman, Paul H. Felser, for appellee.

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415 S.E.2d 197, 202 Ga. App. 570, 1992 Ga. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxley-veneer-clete-co-v-maddox-gactapp-1992.

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