Management Search, Inc. v. Kinard

Court of Appeals of Georgia

Management Search, Inc. v. Kinard

201 S.E.2d 484, 129 Ga. App. 795, 1973 Ga. App. LEXIS 1160

CourtCourt of Appeals of Georgia

DecidedOctober 4, 1973

Docket48035

StatusPublished

Cited by1 cases

This text of 201 S.E.2d 484 (Management Search, Inc. v. Kinard) 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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Management Search, Inc. v. Kinard, 201 S.E.2d 484, 129 Ga. App. 795, 1973 Ga. App. LEXIS 1160 (Ga. Ct. App. 1973).

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Opinion

Stolz, Judge.

The plaintiff employment agency sued the defendant to recover for its services in obtaining employment for her pursuant to their written contract. The trial judge found that the plaintiff was otherwise entitled to a recovery, but sustained the defendant’s motion for involuntary dismissal of the complaint, made at the close of the plaintiff’s evidence, on the ground, inter alia, that the plaintiff had failed to prove that it was duly licensed under the Act to regulate and provide for the supervision of the business of private employment agencies (Ga. L. 1959, p. 283 et seq.; Code Ann. Ch. 84-41), from which judgment the plaintiff appeals. Held:

Argued April 9, 1973 Decided October 4, 1973. Jones & Varnell, Thomas C. Jones, Jr., for appellant. Smith, Cohen, Ringel, Kohler, Martin & Lowe, Hoke Smith, John A. Howard, for appellee.

This court certified the issues presented by this appeal to the Supreme Court. See Management Search, Inc. v. Kinard, 231 Ga. 26. The record in the case shows that the plaintiff did not plead it was licensed. However, the plaintiff did prove that it was licensed by the State Labor Commissioner. See answer to certified question No. 5, Management Search, Inc. v. Kinard, supra.

Accordingly, the trial judge erred in sustaining the defendant’s motion for involuntary dismissal, and the case must be reversed.

Judgment reversed.

Eberhardt, P. J., and Pannell, J., concur.

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Stolz, Judge.

The plaintiff employment agency sued the defendant to recover for its services in obtaining employment for her pursuant to their written contract. The trial judge found that the plaintiff was otherwise entitled to a recovery, but sustained the defendant’s motion for involuntary dismissal of the complaint, made at the close of the plaintiff’s evidence, on the ground, inter alia, that the plaintiff had failed to prove that it was duly licensed under the Act to regulate and provide for the supervision of the business of private employment agencies (Ga. L. 1959, p. 283 et seq.; Code Ann. Ch. 84-41), from which judgment the plaintiff appeals. Held:

Argued April 9, 1973 Decided October 4, 1973. Jones & Varnell, Thomas C. Jones, Jr., for appellant. Smith, Cohen, Ringel, Kohler, Martin & Lowe, Hoke Smith, John A. Howard, for appellee.

This court certified the issues presented by this appeal to the Supreme Court. See Management Search, Inc. v. Kinard, 231 Ga. 26. The record in the case shows that the plaintiff did not plead it was licensed. However, the plaintiff did prove that it was licensed by the State Labor Commissioner. See answer to certified question No. 5, Management Search, Inc. v. Kinard, supra.

Accordingly, the trial judge erred in sustaining the defendant’s motion for involuntary dismissal, and the case must be reversed.

Judgment reversed.

Eberhardt, P. J., and Pannell, J., concur.

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201 S.E.2d 484, 129 Ga. App. 795, 1973 Ga. App. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/management-search-inc-v-kinard-gactapp-1973.

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