Bryant v. J. Scott Rentals, Inc.

Full title: BRYANT v. J. SCOTT RENTALS, INC. et al. J. SCOTT RENTALS, INC. v. BRYANT…

Court: Court of Appeals of Georgia

Date published: Dec 1, 1976

140 Ga. App. 770 (Ga. Ct. App. 1976)

232 S.E.2d 123

Opinion

52776, 52777.

ARGUED OCTOBER 6, 1976.

DECIDED DECEMBER 1, 1976. REHEARING DENIED DECEMBER 15, 1976.

Action on account. Fulton Civil Court. Before Judge Camp.

Michael N. Mantegna, Robert S. Wiggins, Jr., for appellant (case no. 52776).

Albert A. Roberts, Fred A. Gilbert, for appellees (case no. 52776).

Albert A. Roberts, Robert P. Midtlyng, for appellant (case no. 52777).

Michael N. Mantegna, Fred A. Gilbert, for appellees (case no. 52777).

BELL, Chief Judge.

This is an appeal and a cross appeal taken from a judgment in favor of plaintiff in a post-judgment garnishment proceeding. The post-judgment part of the 1976 statute was held unconstitutional by the Supreme Court in City Finance Co. v. Winston, 238 Ga. 10. In the case of Carroll v. Carroll, 139 Ga. App. 308 ( 228 S.E.2d 347) the 1976 statute was held to be applicable to all cases pending on appeal. Thus as the 1976 statute applies to this case and the statute now has no post-judgment provision, the proceeding appealed must be held void and of no effect. Rose, Silverman Hunt v. Ben O'Callaghan Co., 134 Ga. App. 648 ( 215 S.E.2d 515).

Judgment reversed in the main appeal; cross appeal dismissed. Clark and Stolz, JJ., concur.

ARGUED OCTOBER 6, 1976 — DECIDED DECEMBER 1, 1976 — REHEARING DENIED DECEMBER 15, 1976 — CERT. APPLIED FOR.