Benning Construction v. Dykes Paving Constr

Full title: BENNING CONSTRUCTION COMPANY et al. v. DYKES PAVING CONSTRUCTION COMPANY…

Court: Court of Appeals of Georgia

Date published: May 20, 1993

432 S.E.2d 273 (Ga. Ct. App. 1993)

208 Ga. App. 664

Opinion

A91A2124.

DECIDED MAY 20, 1993.

Action on bond. Gwinnett Superior Court. Before Judge Henderson.

Kilpatrick Cody, H. Quigg Fletcher III, Douglas F. Kaleita, for appellants.

Thompson Slagle, Dewitte Thompson, Jr., Jefferson B. Slagle, Richard E. Witterman, Jr., for appellee.

BEASLEY, Presiding Judge.

In Benning Constr. Co. v. Dykes Paving c. Co., 263 Ga. 16 ( 426 S.E.2d 564) (1993), the Supreme Court reversed the judgment of this court in Benning Constr. Co. v. Dykes Paving c. Co., 204 Ga. App. 73 ( 418 S.E.2d 620) (1992). For this reason, rather than for the reason given in Division 2, the court erred in denying defendants' motion for directed verdict as to attorney fees. The alleged error ruled on in Division 3 is moot. The motion for damages for frivolous appeal pursuant to OCGA § 5-6-6 remains denied. Accordingly, our judgment in this case is vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed. Johnson and Smith, JJ., concur.

DECIDED MAY 20, 1993.