Burnet v. Bazemore

176 S.E.2d 184, 122 Ga. App. 73, 1970 Ga. App. LEXIS 784

• Court: Court of Appeals of Georgia
• Decided: April 10, 1970
• Docket: 44916
• Status: Published

Opinions

Quillian, Judge.

After the rendition of a verdict and judgment adverse to them, the appellants made a motion for judgment notwithstanding the verdict and simultaneously therewith, in the alternative, a motion for new trial on the general grounds. Appeal was taken from the judgment on the verdict and from the trial judge’s overruling the appellant’s motion for judgment notwithstanding the verdict. No mention was made in the notice of appeal with regard to the overruling of the motion for new trial and such judgment was not enumerated as error. Held:

Absent a specific appeal from the ruling on the motion for new trial or enumerating the same as error, the denial of the motion becomes the law of the case as to all grounds contained therein. Hill v. Willis, 224 Ga. 263 (161 SE2d 281), and Tiller v. State, 224 Ga. 645 (164 SE2d 137). The appellants enumerate as error the denial of their motion for directed verdict and the overruling of their motion for judgment notwithstanding the verdict. This raises the question of whether there was any evidence to support the verdict. Since the denial of the motion for a new trial unappealed from is the law of the case that the evidence was sufficient, the enumeration of error is without merit. Ga. R. & Bkg. Co. v. Frazer, 118 Ga. App. 810 (165 SE2d 607).

Judgment affirmed.

Bell, C. J., and Whitman, J., concur. Friedman, Haslam & Weiner, Erwin A. Friedman, Nelson Has-lam, Delmar L. Minchew, for appellees.