Williams v. Aflac, Inc.

Full title: WILLIAMS v. AFLAC, INC

Court: Court of Appeals of Georgia

Date published: Aug 30, 1994

542 S.E.2d 500 (Ga. Ct. App. 1994)

214 Ga. App. 542

Opinion

A93A0412.

DECIDED AUGUST 30, 1994.

Action on contract. Muscogee Superior Court. Before Judge Lott, Senior Judge.

Long, Weinberg, Ansley Wheeler, Ben L. Weinberg, Jr., Emily J. Brantley, for appellant.

Webb, Carlock, Copeland, Semler Stair, Thomas S. Carlock, Brian R. Neary, Hatcher, Stubbs, Land, Hollis Rothschild, Joseph L. Waldrep, for appellee.

Champion Champion, Forrest L. Champion, amicus curiae.

BLACKBURN, Judge.

In Williams v. AFLAC, Inc., 209 Ga. App. 841 ( 434 S.E.2d 725) (1993), we reversed the trial court's grant of AFLAC, Inc.'s motion for summary judgment in this declaratory judgment action. The Supreme Court granted certiorari and reversed our decision in AFLAC, Inc. v. Williams, 264 Ga. 351 ( 444 S.E.2d 739) (1994), concluding that the liquidated damages clause in the retainer agreement was unenforceable. Accordingly, our judgment in this case is vacated and the judgment of the Supreme Court is made the judgment of this court.

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

DECIDED AUGUST 30, 1994.