City of Atlanta v. Gilmere

Court of Appeals of Georgia

City of Atlanta v. Gilmere

320 S.E.2d 639, 171 Ga. App. 306, 1984 Ga. App. LEXIS 2179

CourtCourt of Appeals of Georgia

DecidedJune 25, 1984

Docket66918

StatusPublished

This text of 320 S.E.2d 639 (City of Atlanta v. Gilmere) 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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City of Atlanta v. Gilmere, 320 S.E.2d 639, 171 Ga. App. 306, 1984 Ga. App. LEXIS 2179 (Ga. Ct. App. 1984).

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Opinion

McMurray, Chief Judge.

The Supreme Court of Georgia in City of Atlanta v. Gilmere, 252 Ga. 406 (314 SE2d 204) having interpreted OCGA § 18-4-21 (formerly Code Ann. § 46-306 (Ga. L. 1976, pp. 1608, 1615; 1977, p. 634; 1980, pp. 1769, 1772)) as in no wise subjecting a city employee’s salary to garnishment when the judgment serving as, the basis for issuance of the summons of garnishment arises out of liability incurred in the scope of the employee’s governmental employment while responding to an emergency, and that the City of Atlanta was not liable to any extent to pay the judgment in the case sub judice, our judgment in City of Atlanta v. Gilmere, 168 Ga. App. 773 (310 SE2d 736), affirming the trial court in part, was reversed. Accordingly, the opinion and judgment of the Supreme Court is hereby made the judgment of this court and the entire judgment of the trial court is reversed.

Judgment reversed.

Birdsong and Benham, JJ., concur.

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McMurray, Chief Judge.

The Supreme Court of Georgia in City of Atlanta v. Gilmere, 252 Ga. 406 (314 SE2d 204) having interpreted OCGA § 18-4-21 (formerly Code Ann. § 46-306 (Ga. L. 1976, pp. 1608, 1615; 1977, p. 634; 1980, pp. 1769, 1772)) as in no wise subjecting a city employee’s salary to garnishment when the judgment serving as, the basis for issuance of the summons of garnishment arises out of liability incurred in the scope of the employee’s governmental employment while responding to an emergency, and that the City of Atlanta was not liable to any extent to pay the judgment in the case sub judice, our judgment in City of Atlanta v. Gilmere, 168 Ga. App. 773 (310 SE2d 736), affirming the trial court in part, was reversed. Accordingly, the opinion and judgment of the Supreme Court is hereby made the judgment of this court and the entire judgment of the trial court is reversed.

Judgment reversed.

Birdsong and Benham, JJ., concur.

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Bluebook (online)

320 S.E.2d 639, 171 Ga. App. 306, 1984 Ga. App. LEXIS 2179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-atlanta-v-gilmere-gactapp-1984.

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