Aetna Casualty Surety Company v. Brooks

Full title: AETNA CASUALTY SURETY COMPANY v. BROOKS et al

Court: Court of Appeals of Georgia

Date published: Mar 7, 1963

130 S.E.2d 510 (Ga. Ct. App. 1963)

107 Ga. App. 472

Opinion

39268.

DECIDED MARCH 7, 1963.

Declaratory judgment. Floyd Superior Court. Before Judge Hicks.

T. J. Long, Ben Weinberg, Jr., for plaintiff in error.

Clinton J. Morgan, Matthews, Maddox, Walton Smith, Oscar M. Smith, William H. Whaley, contra.

BELL, Judge.

The judgment of this court ( 106 Ga. App. 427, 127 S.E.2d 183), reversing with directions the judgment of the trial court denying the plaintiff, Aetna Casualty Surety Co., a declaration of rights, having been reversed by the Supreme Court of Georgia on certiorari ( Aetna Cas. c. Co. v. Brooks, 218 Ga. 593, 129 S.E.2d 798), the judgment of this court is vacated. The judgment of the trial court is reversed with directions to enter judgment in the cause in accordance with the holdings expressed in the opinion of the Supreme Court.

Judgment reversed with directions. Felton, C. J., and Hall, J., concur.

DECIDED MARCH 7, 1963.