Shepherd Construction Co. v. Davis

Supreme Court of Georgia

Shepherd Construction Co. v. Davis

345 S.E.2d 39, 256 Ga. 7, 1986 Ga. LEXIS 685

CourtSupreme Court of Georgia

DecidedMay 13, 1986

Docket42770

StatusPublished

This text of 345 S.E.2d 39 (Shepherd Construction Co. v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shepherd Construction Co. v. Davis, 345 S.E.2d 39, 256 Ga. 7, 1986 Ga. LEXIS 685 (Ga. 1986).

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Opinion

Smith, Justice.

Shepherd appeals the order of the trial court that we previously reviewed in Dept. of Transp. v. City of Atlanta, 255 Ga. 124 (337 SE2d 327) (1985). Shepherd filed its appeal “for protective purposes” to ensure that the portion of our opinion in Dept. of Transp., supra, which reversed the trial court would bind all parties where Shepherd is concerned. We hold that the entire opinion binds all parties as far as Shepherd is concerned. The trial court’s order is thus affirmed in part and reversed in part according to the dictates of Dept, of Transp., supra.

Judgment affirmed in part and reversed in part.

All the Justices concur, except Marshall, C. J., and Weltner, J., who concur in the judgment only.

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Smith, Justice.

Shepherd appeals the order of the trial court that we previously reviewed in Dept. of Transp. v. City of Atlanta, 255 Ga. 124 (337 SE2d 327) (1985). Shepherd filed its appeal “for protective purposes” to ensure that the portion of our opinion in Dept. of Transp., supra, which reversed the trial court would bind all parties where Shepherd is concerned. We hold that the entire opinion binds all parties as far as Shepherd is concerned. The trial court’s order is thus affirmed in part and reversed in part according to the dictates of Dept, of Transp., supra.

Judgment affirmed in part and reversed in part.

All the Justices concur, except Marshall, C. J., and Weltner, J., who concur in the judgment only.

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Bluebook (online)

345 S.E.2d 39, 256 Ga. 7, 1986 Ga. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-construction-co-v-davis-ga-1986.

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