Continental Assurance Co. v. Rothell

Court of Appeals of Georgia

Continental Assurance Co. v. Rothell

181 S.E.2d 541, 123 Ga. App. 423, 1971 Ga. App. LEXIS 1249

CourtCourt of Appeals of Georgia

DecidedMarch 5, 1971

Docket44962

StatusPublished

Cited by2 cases

This text of 181 S.E.2d 541 (Continental Assurance Co. v. Rothell) 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

Continental Assurance Co. v. Rothell, 181 S.E.2d 541, 123 Ga. App. 423, 1971 Ga. App. LEXIS 1249 (Ga. Ct. App. 1971).

Pincite

Opinion

Pannell, Judge.

In this case both plaintiff and the defendant made motions for summary judgment and the trial judge overruled the defendant’s motion for summary judgment and granted plaintiff’s motion. The defendant appealed, enumerating error on both rulings. This court, by a majority ruling, affirmed both rulings of the trial judge. Continental Assurance Co. v. Rothell, 121 Ga. App. 868 (176 SE2d 259). On certiorari the Supreme Court of this State reversed our affirmance of the trial judge in his ruling granting summary judgment to the [424]*424plaintiff. Continental Assurance Co. v. Rothell, 227 Ga. 258. We accordingly herewith vacate the judgment affirming, and enter a judgment reversing, such ruling.

Decided March 5, 1971. Gambrell, Russell, Moye & Killorin, Charles A. Moye, Jr., Sewell K. Loggins, E. Smythe Gambrell, for appellant. McClure, Ramsay & Struble, Robert B. Struble, for appellee.

The judgment of the trial court granting summary judgment in favor of the plaintiff is reversed.

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

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Pannell, Judge.

In this case both plaintiff and the defendant made motions for summary judgment and the trial judge overruled the defendant’s motion for summary judgment and granted plaintiff’s motion. The defendant appealed, enumerating error on both rulings. This court, by a majority ruling, affirmed both rulings of the trial judge. Continental Assurance Co. v. Rothell, 121 Ga. App. 868 (176 SE2d 259). On certiorari the Supreme Court of this State reversed our affirmance of the trial judge in his ruling granting summary judgment to the [424]*424plaintiff. Continental Assurance Co. v. Rothell, 227 Ga. 258. We accordingly herewith vacate the judgment affirming, and enter a judgment reversing, such ruling.

Decided March 5, 1971. Gambrell, Russell, Moye & Killorin, Charles A. Moye, Jr., Sewell K. Loggins, E. Smythe Gambrell, for appellant. McClure, Ramsay & Struble, Robert B. Struble, for appellee.

The judgment of the trial court granting summary judgment in favor of the plaintiff is reversed.

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

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Bluebook (online)

181 S.E.2d 541, 123 Ga. App. 423, 1971 Ga. App. LEXIS 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-assurance-co-v-rothell-gactapp-1971.

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