Department of Transportation v. Federal Express Corp.

Court of Appeals of Georgia

Department of Transportation v. Federal Express Corp.

579 S.E.2d 827, 260 Ga. App. 354, 2003 Fulton County D. Rep. 1056, 2003 Ga. App. LEXIS 377

CourtCourt of Appeals of Georgia

DecidedMarch 19, 2003

DocketA01A2476

StatusPublished

This text of 579 S.E.2d 827 (Department of Transportation v. Federal Express Corp.) 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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Department of Transportation v. Federal Express Corp., 579 S.E.2d 827, 260 Ga. App. 354, 2003 Fulton County D. Rep. 1056, 2003 Ga. App. LEXIS 377 (Ga. Ct. App. 2003).

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Opinion

Miller, Judge.

In Dept. of Transp. v. Montgomery Tank Lines, 276 Ga. 105 (575 SE2d 487) (2003), the Supreme Court affirmed in part and vacated in part this Court’s decision in Dept. of Transp. v. Fed. Express Corp., 254 Ga. App. 149 (561 SE2d 470) (2002). While affirming our decision, the Supreme Court further held that we prematurely decided whether the alleged tortious activity of the State fell within an exception set forth in OCGA § 50-21-25. Accordingly, the judgment of this Court is vacated insofar as it decides that issue, and the judgment of the Supreme Court is made the judgment of this Court in that respect.

Judgment affirmed.

Andrews, P. J., and Eldridge, J., concur.

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Miller, Judge.

In Dept. of Transp. v. Montgomery Tank Lines, 276 Ga. 105 (575 SE2d 487) (2003), the Supreme Court affirmed in part and vacated in part this Court’s decision in Dept. of Transp. v. Fed. Express Corp., 254 Ga. App. 149 (561 SE2d 470) (2002). While affirming our decision, the Supreme Court further held that we prematurely decided whether the alleged tortious activity of the State fell within an exception set forth in OCGA § 50-21-25. Accordingly, the judgment of this Court is vacated insofar as it decides that issue, and the judgment of the Supreme Court is made the judgment of this Court in that respect.

Judgment affirmed.

Andrews, P. J., and Eldridge, J., concur.

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Bluebook (online)

579 S.E.2d 827, 260 Ga. App. 354, 2003 Fulton County D. Rep. 1056, 2003 Ga. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-transportation-v-federal-express-corp-gactapp-2003.

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