Citizens & Southern National Bank v. Baumgartner

Court of Appeals of Georgia

Citizens & Southern National Bank v. Baumgartner

181 S.E.2d 519, 123 Ga. App. 462, 1971 Ga. App. LEXIS 1262

CourtCourt of Appeals of Georgia

DecidedMarch 11, 1971

Docket45763; 45764, 45765

StatusPublished

Cited by4 cases

This text of 181 S.E.2d 519 (Citizens & Southern National Bank v. Baumgartner) 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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Citizens & Southern National Bank v. Baumgartner, 181 S.E.2d 519, 123 Ga. App. 462, 1971 Ga. App. LEXIS 1262 (Ga. Ct. App. 1971).

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Opinions

Pannell, Judge.

Where motions for summary judgment by defendants as to a two-count petition are overruled and an appeal by the defendants is entered to such ruling and pending the appeal another motion for summary judgment based upon additional evidence, together with the same evidence as presented on the prior motions, is presented by these same defendants and other defendants and is sustained as to the first count of the petition and overruled as to the second count, and an appeal is entered by the defendants as to the overruling of the motion for summary judgment as to the second count of the petition (case numbers 45908, 45910 and 45912) and cross appeals are entered by the complainant (case numbers 45909, 45911 and 45913) as to the ruling sustaining the motions for summary judgment as to the first count of the petition, the appeals entered to the first motions for summary judgment have become moot. Accordingly, these appeals must be dismissed.

Argued November 2, 1970 Decided March 11, 1971. Bennet, Gilbert, Gilbert & Whittle, Richard M. Scarlett, Wallace E. Harrell, for appellants'. Alton D. Kitchens, for appellees.

Appeals dismissed.

Bell, C. J., Jordan, P. J., Hall, P. J., Deen and Whitman, JJ., concur. Evans, J., dissents. Eberhardt and Quillian, JJ., disqualified.

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Pannell, Judge.

Where motions for summary judgment by defendants as to a two-count petition are overruled and an appeal by the defendants is entered to such ruling and pending the appeal another motion for summary judgment based upon additional evidence, together with the same evidence as presented on the prior motions, is presented by these same defendants and other defendants and is sustained as to the first count of the petition and overruled as to the second count, and an appeal is entered by the defendants as to the overruling of the motion for summary judgment as to the second count of the petition (case numbers 45908, 45910 and 45912) and cross appeals are entered by the complainant (case numbers 45909, 45911 and 45913) as to the ruling sustaining the motions for summary judgment as to the first count of the petition, the appeals entered to the first motions for summary judgment have become moot. Accordingly, these appeals must be dismissed.

Argued November 2, 1970 Decided March 11, 1971. Bennet, Gilbert, Gilbert & Whittle, Richard M. Scarlett, Wallace E. Harrell, for appellants'. Alton D. Kitchens, for appellees.

Appeals dismissed.

Bell, C. J., Jordan, P. J., Hall, P. J., Deen and Whitman, JJ., concur. Evans, J., dissents. Eberhardt and Quillian, JJ., disqualified.

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181 S.E.2d 519, 123 Ga. App. 462, 1971 Ga. App. LEXIS 1262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-southern-national-bank-v-baumgartner-gactapp-1971.

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