Bank of Early v. Broun

Full title: BANK OF EARLY v. BROUN et al

Court: Court of Appeals of Georgia

Date published: May 3, 1979

256 S.E.2d 126 (Ga. Ct. App. 1979)

149 Ga. App. 783

Opinion

55885.

DECIDED MAY 3, 1979.

Declaratory judgment, etc. Early Superior Court. Before Judge Geer.

Stone Stone, Lowrey S. Stone, William S. Stone, for appellant.

Thomas H. Baxley, Myers, Parks Fennessy, Michael A. Fennessy, for appellees.

SHULMAN, Judge.

In light of the Supreme Court's reversal of Division 1 of this court's decision in Bank of Early v. Broun, 147 Ga. App. 271 ( 248 S.E.2d 512) (see Broun v. Bank of Early, 243 Ga. 319), it is necessary to reconsider this case.

1. The judgment of the Supreme Court affirming the trial court is made the order of this court.

2. Division 2 of the prior opinion has been rendered moot and must be vacated.

Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.

DECIDED MAY 3, 1979.