Alexander v. Blackmon

Full title: ALEXANDER et al. v. BLACKMON et al. (two cases)

Court: Supreme Court of Georgia

Date published: Mar 7, 1974

205 S.E.2d 253 (Ga. 1974)

205 S.E.2d 253

Opinion

28429, 28653.

ARGUED JANUARY 14 AND FEBRUARY 11, 1974.

DECIDED MARCH 7, 1974.

Equitable petition. Polk Superior Court. Before Judge Winn.

Marson G. Dunaway, Jr., William J. Perry, for appellants.

Wayne W. Gammon, Glenn T. York, Jr., Arthur K. Bolton, Attorney General, Richard L. Chambers, H. Perry Michael, Gary B. Andrews, Assistant Attorneys General, for appellees.

INGRAM, Justice.

The motion of appellants to proceed on appeal from the order and judgment of the trial court dated September 4, 1973, in Case No. 28429 is granted. Code Ann. § 6-701 (a) (3). The appeal in Case No. 28653, in which identical errors are asserted with respect to said judgment, is dismissed as moot. The judgment in Case No. 28429 is vacated and the cause is remanded for rehearing and reconsideration in light of this court's decisions in Blackmon v. Ewing, 231 Ga. 239 ( 201 S.E.2d 138) and Anderson v. Blackmon, 232 Ga. 4. See also, Colvard v. Ridley, 219 Ga. 361 ( 133 S.E.2d 364).

Judgment in Case No. 28429 vacated and remanded. Appeal in Case No. 28653 dismissed. All the Justices concur, except Gunter, J., who dissents.

INGRAM, Justice.

ARGUED JANUARY 14 AND FEBRUARY 11, 1974 — DECIDED MARCH 7, 1974.