New Concept Physical Fitness Centers, Inc. v. Allen Advertising, Inc.

Court of Appeals of Georgia

New Concept Physical Fitness Centers, Inc. v. Allen Advertising, Inc.

261 S.E.2d 470, 151 Ga. App. 739, 1979 Ga. App. LEXIS 2777

CourtCourt of Appeals of Georgia

DecidedOctober 12, 1979

Docket58533

StatusPublished

This text of 261 S.E.2d 470 (New Concept Physical Fitness Centers, Inc. v. Allen Advertising, Inc.) 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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New Concept Physical Fitness Centers, Inc. v. Allen Advertising, Inc., 261 S.E.2d 470, 151 Ga. App. 739, 1979 Ga. App. LEXIS 2777 (Ga. Ct. App. 1979).

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Opinion

Deen, Chief Judge.

Where the appellant has evidence in its possession at the time of trial and knows that it possesses such evidence and does not avail itself of it, the trial court does not err in denying a motion for a new trial based upon the purported discovery of newly discovered evidence unless the evidence would produce a different result. King v. Parson, 149 Ga. App. 28 (253 SE2d 426) (1979). Here, appellant brought up the letter immediately after the trial, which it had produced from its file, and attached it to the affidavit in support of its motion for a new trial. Appellant had the letter in its possession for over two years prior to trial. There is no question that the evidence was within the knowledge and possession of the appellant and the trial court did not err in denying the motion for a new trial.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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Deen, Chief Judge.

Where the appellant has evidence in its possession at the time of trial and knows that it possesses such evidence and does not avail itself of it, the trial court does not err in denying a motion for a new trial based upon the purported discovery of newly discovered evidence unless the evidence would produce a different result. King v. Parson, 149 Ga. App. 28 (253 SE2d 426) (1979). Here, appellant brought up the letter immediately after the trial, which it had produced from its file, and attached it to the affidavit in support of its motion for a new trial. Appellant had the letter in its possession for over two years prior to trial. There is no question that the evidence was within the knowledge and possession of the appellant and the trial court did not err in denying the motion for a new trial.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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261 S.E.2d 470, 151 Ga. App. 739, 1979 Ga. App. LEXIS 2777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-concept-physical-fitness-centers-inc-v-allen-advertising-inc-gactapp-1979.

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