Lee v. McCord

Court of Appeals of Georgia

Lee v. McCord

696 S.E.2d 338, 304 Ga. App. 377, 2010 Fulton County D. Rep. 1695, 2010 Ga. App. LEXIS 469

CourtCourt of Appeals of Georgia

DecidedMay 20, 2010

DocketA08A0700

StatusPublished

This text of 696 S.E.2d 338 (Lee v. McCord) 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

Lee v. McCord, 696 S.E.2d 338, 304 Ga. App. 377, 2010 Fulton County D. Rep. 1695, 2010 Ga. App. LEXIS 469 (Ga. Ct. App. 2010).

Pincite

Opinion

BARNES, Presiding Judge.

In Lee v. McCord, 292 Ga. App. 707 (665 SE2d 414) (2008), we held that the trial court erred in granting summary judgment to Dr. Dale McCord on statute of limitation grounds. The Supreme Court granted certiorari and reversed that portion of our opinion in McCord v. Lee, 286 Ga. 179 (684 SE2d 658) (2009), remanding the case to this court to reconsider our statute of limitation analysis in Division 1.

After remand to this court, Lee filed a motion to withdraw his appeal against McCord and his practice because he settled his suit against them. The motion is hereby granted, and Lee’s appeal is dismissed as to McCord and his practice.

Northside Hospital remains as the only appellee in this case. In Lee v. McCord, supra, 292 Ga. App. at 716 (3), we affirmed the trial court’s grant of summary judgment to Northside Hospital on all of Lee’s claims against it, finding that Lee failed to argue the agency issue enumerated as error, and failed to enumerate as error the issue he argued. Lee did not petition the Supreme Court of Georgia for certiorari regarding that issue, and “any portions of the Court of Appeals’ decision that are not considered hy the Supreme Court are unaffected by the Supreme Court’s opinion.” Security Life Ins. Co. &c. v. Clark, 273 Ga. 44, 46-47 (1) (535 SE2d 234) (2000). Accordingly, our previous opinion regarding Northside remains unchanged, and the trial court’s grant of summary judgment to the hospital is affirmed.

Judgment affirmed.

Phipps, P. J., and Johnson, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BARNES, Presiding Judge.

In Lee v. McCord, 292 Ga. App. 707 (665 SE2d 414) (2008), we held that the trial court erred in granting summary judgment to Dr. Dale McCord on statute of limitation grounds. The Supreme Court granted certiorari and reversed that portion of our opinion in McCord v. Lee, 286 Ga. 179 (684 SE2d 658) (2009), remanding the case to this court to reconsider our statute of limitation analysis in Division 1.

After remand to this court, Lee filed a motion to withdraw his appeal against McCord and his practice because he settled his suit against them. The motion is hereby granted, and Lee’s appeal is dismissed as to McCord and his practice.

Northside Hospital remains as the only appellee in this case. In Lee v. McCord, supra, 292 Ga. App. at 716 (3), we affirmed the trial court’s grant of summary judgment to Northside Hospital on all of Lee’s claims against it, finding that Lee failed to argue the agency issue enumerated as error, and failed to enumerate as error the issue he argued. Lee did not petition the Supreme Court of Georgia for certiorari regarding that issue, and “any portions of the Court of Appeals’ decision that are not considered hy the Supreme Court are unaffected by the Supreme Court’s opinion.” Security Life Ins. Co. &c. v. Clark, 273 Ga. 44, 46-47 (1) (535 SE2d 234) (2000). Accordingly, our previous opinion regarding Northside remains unchanged, and the trial court’s grant of summary judgment to the hospital is affirmed.

Judgment affirmed.

Phipps, P. J., and Johnson, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

696 S.E.2d 338, 304 Ga. App. 377, 2010 Fulton County D. Rep. 1695, 2010 Ga. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-mccord-gactapp-2010.

Opinion

Related

Cite This Page — Counsel Stack