Reliance Trust Company v. Paxton Candler

• Court: Court of Appeals of Georgia
• Decided: April 29, 2014
• Docket: A11A1807
• Status: Published

Opinion

THIRD DIVISION ELLINGTON, P. J., DOYLE, P.J. and MILLER J.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/

April 29, 2014

In the Court of Appeals of Georgia A11A1807. RELIANCE TRUST CO. v. CANDLER et al.

MILLER, Judge.

In Reliance Trust Co. v. Candler, 294 Ga. 15 (751 SE2d 47) (2013), the

Supreme Court of Georgia reversed the judgment of this Court in Division 5 of

Reliance Trust Co. v. Candler, 315 Ga. App. 495 (726 SE2d 636) (2012), in which

this Court affirmed the award of prejudgment interest at the statutory rate from the

dates of each encroachment upon the corpus of the revocable marital trust created by

the wife of life beneficiary Charles Howard Candler III. Consequently, we vacate

Division 5 of our opinion in Reliance Trust, supra, 315 Ga. App. at 504 (5), and in

its place adopt the opinion of the Supreme Court as our own. We further remand this

case to the trial court with direction to withdraw that portion of the final judgment awarding interest, and to reenter an award of interest from the date of the life

beneficiary’s death.

The Supreme Court did not address or consider Divisions 1 - 4 of our earlier

opinion. Since those portions of our earlier opinion are consistent with the Supreme

Court’s opinion, those Divisions “become binding upon the return of the remittitur.”

Shadix v. Carroll County, 274 Ga. 560, 563 (1) (554 SE2d 465) (2001). Accordingly,

the trial court did not err in denying Reliance Trust’s motion for new trial with regard

to the jury’s award of damages to the remainder beneficiaries of the trust.

Judgment affirmed in part and reversed in part with direction. Ellington, P.J.,

and Doyle, P.J., concur.