The Pembroke State Bank v. Warnell

Full title: THE PEMBROKE STATE BANK ET AL. v. WARNELL ET AL.; AND VICE VERSA

Court: Court of Appeals of Georgia

Date published: Aug 22, 1996

474 S.E.2d 770 (Ga. Ct. App. 1996)

222 Ga. App. 584

Opinion

A95A0048, A95A0049.

DECIDED AUGUST 22, 1996.

Settlement agreement. Bran Superior Court. Before Judge Findley.

Glover Davis, J. Littleton Glover, Jr., Webb, Carlock, Copeland, Semler Stair, Melissa C. Duffey, for appellants.

Adams Ellis, Laura W. Adams, Ronald C. Berry, Tracy A. O'Connell, for appellees.

BIRDSONG, Presiding Judge.

On certiorari of Pembroke State Bank v. Warnell, 218 Ga. App. 98 ( 461 S.E.2d 231), the Supreme Court held: " Under the facts in this case, the Court of Appeals erred by holding that the trial court improperly instructed the jury on the principles of Brumbelow [v. Northern Propane Gas Co., 251 Ga. 674 ( 308 S.E.2d 544)]." (Emphasis supplied.) The judgment of the trial court is thus affirmed in part and reversed in part, in accordance with the ruling of the Supreme Court which was specifically and expressly limited to "the facts in this case."

Judgment affirmed in part and reversed in part. Johnson and Smith, JJ., concur.

BIRDSONG, Presiding Judge.

DECIDED AUGUST 22, 1996.