Home/Court of Appeals of Georgia/Mullinax v. Singleton

Mullinax v. Singleton

229 S.E.2d 518, 139 Ga. App. 704, 1976 Ga. App. LEXIS 1958
CourtCourt of Appeals of Georgia
DecidedSeptember 29, 1976
Docket52693
StatusPublished
Cited by10 cases

This text of 229 S.E.2d 518 (Mullinax v. Singleton) 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
Mullinax v. Singleton, 229 S.E.2d 518, 139 Ga. App. 704, 1976 Ga. App. LEXIS 1958 (Ga. Ct. App. 1976).

Opinion

Quillian, Judge.

E. R. Singleton brought suit against C. A. Mullinax seeking to recover the balance of a contract price for certain construction work on defendant’s home. The defendant answered and counterclaimed on the grounds that due to the plaintiffs failure to properly perform the home improvement work the defendant was damaged. After the utilization of various discovery procedures, the case was tried before a jury which returned a verdict in *705 favor of the defendant for "0 dollars.” From the judgment entered on the verdict, the defendant appeals. Held:

Argued September 15, 1976 Decided September 29, 1976. James E. Howard, Charles A. Mullinax, for appellant. Dennis C. O’Brien, for appellee.

1. Since the case has already been tried, the enumeration of error complaining of the denial of defendant’s motion for summary judgment is not meritorious. Patterson v. Castellaw, 119 Ga. App. 712, 718 (168 SE2d 838); John L. Hutcheson &c. Hospital v. Oliver, 120 Ga. App. 547 (2) (171 SE2d 649); Hiller v. Culbreth, 139 Ga. App. 351; Hill v. Willis, 224 Ga. 263 (2) (161 SE2d 281).

2. Under the circumstances here, we find no error harmful to the defendant in refusing to direct a verdict against the plaintiffs claim for attorney fees.

3. The verdict was not without evidence to support it.

4. The remaining enumerations of error are without merit.

Judgment affirmed.

Deen, P. J., and Webb, J., concur.

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

Related

OAKHURST PRESBYTERIAN CHURCH, INC. v. Hendrix
679 S.E.2d 742 (Court of Appeals of Georgia, 2009)
Browning v. American & Overseas Travel Co.
294 S.E.2d 362 (Court of Appeals of Georgia, 1982)
Thornton v. Davis
293 S.E.2d 1 (Court of Appeals of Georgia, 1982)
Colonial Penn Insurance v. Hart
291 S.E.2d 410 (Court of Appeals of Georgia, 1982)
Georgia Farmers' Market Authority v. Dabbs
256 S.E.2d 613 (Court of Appeals of Georgia, 1979)
Wong v. Aluminum Supply Co.
248 S.E.2d 175 (Court of Appeals of Georgia, 1978)
Crestlawn Memorial Park v. Scott
247 S.E.2d 175 (Court of Appeals of Georgia, 1978)
Melton v. Bow
243 S.E.2d 590 (Court of Appeals of Georgia, 1978)
Pascoe Steel Corp. v. Turner County Board of Education
235 S.E.2d 554 (Court of Appeals of Georgia, 1977)
Phillips v. Abel
233 S.E.2d 384 (Court of Appeals of Georgia, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
229 S.E.2d 518, 139 Ga. App. 704, 1976 Ga. App. LEXIS 1958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullinax-v-singleton-gactapp-1976.