Carroll City/County Hospital Authority v. Cox Enterprises, Inc.

Full title: CARROLL CITY/COUNTY HOSPITAL AUTHORITY v. COX ENTERPRISES, INC

Court: Court of Appeals of Georgia

Date published: Nov 28, 1979

263 S.E.2d 551 (Ga. Ct. App. 1979)

263 S.E.2d 551

Opinion

56475.

ARGUED SEPTEMBER 12, 1978.

DECIDED NOVEMBER 28, 1979.

Libel. Carroll Superior Court. Before Judge Knight.

Thomas E. Greer, for appellant.

Charles T. Zink, Albert G. Norman, Jr., Aubrey W. Gilbert, for appellee.

SMITH, Judge.

On certiorari to the Supreme Court, this case was reversed. Therefore Carroll City/County Hospital Auth. v. Cox Enterprises, Inc., 147 Ga. App. 863 ( 250 S.E.2d 550), (1978), is vacated and the opinion of the Supreme Court in Carroll City/County Hosp. Auth. v. Cox Enterprises, Inc., 243 Ga. 760 ( 256 S.E.2d 443), is adopted as the decision of this court. The writer of the opinion in the Court of Appeals agrees with the decision of the Supreme Court. However, he does not see how the majority in the Supreme Court reached the conclusion it did without overruling Rives v. Atlanta Newspapers, 220 Ga. 485 ( 139 S.E.2d 395) (1964).

Judgment reversed. Deen, C. J., and Banke, J., concur.

SMITH, Judge.

ARGUED SEPTEMBER 12, 1978 — DECIDED NOVEMBER 28, 1979.