Miller Meier Associates v. Diedrich

Full title: MILLER MEIER ASSOCIATES et al. v. DIEDRICH et al

Court: Court of Appeals of Georgia

Date published: Nov 7, 1985

338 S.E.2d 546 (Ga. Ct. App. 1985)

338 S.E.2d 546

Opinion

69481.

DECIDED NOVEMBER 7, 1985.

Action for damages. Fulton Superior Court. Before Judge Eldridge.

Randolph A. Mayer, Michael T. Nations, for appellants. Howell Hollis III, T. Ryan Mock, Jr., for appellees.

BEASLEY, Judge.

The facts of this case are set forth in Miller Meier Assoc. v. Diedrich, 174 Ga. App. 249 ( 329 S.E.2d 918) (1985). Division 2 of that decision was reversed on certiorari, the Supreme Court having held, "the wrongful appropriation of a business opportunity of a foreign corporation by its officer or director is an internal affair not to be regulated by Georgia law. Instead, the local law of the state of incorporation applies. . . ." Diedrich v. Miller Meier Assoc., 254 Ga. 734 (1) ( 334 S.E.2d 308) (1985).

In conformity with the mandate of the Supreme Court's opinion, Division 2 of our opinion is vacated and the opinion of the Supreme Court on that subject is adopted. In this regard the judgment of our court is likewise changed. The stage is now set for a new trial.

The judgment is reversed and the case remanded for further proceedings consistent herewith.

Judgment reversed and case remanded. Birdsong, P. J., and Carley, J., concur.

DECIDED NOVEMBER 7, 1985.