Burnett v. American Mutual Liability Insurance Co.

Full title: BURNETT v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al.; and vice…

Court: Court of Appeals of Georgia

Date published: Mar 2, 1979

254 S.E.2d 159 (Ga. Ct. App. 1979)

254 S.E.2d 159

Opinion

55876, 55877.

DECIDED MARCH 2, 1979.

Action for damages. DeKalb Superior Court. Before Judge Dean.

George E. Duncan, Jr., Barry L. Roseman, for appellant (Case No. 55876).

Frank E. Jenkins, III, Hugh E. Wright, John W. Greenfield, Mead Burns, for appellees (Case No. 55876).

Frank E. Jenkins, III, for appellant (Case No. 55877).

George E. Duncan, Jr., Barry L. Roseman, Hugh E. Wright, John W. Greenfield, Mead Burns, for appellees (Case No. 55877).

SHULMAN, Judge.

We granted cross appellee Burnett's second motion for rehearing to reconsider the opinion (reported as Burnett v. Am. Mut c. Ins. Co., 147 Ga. App. 269 ( 248 S.E.2d 510)) in light of Culwell v. Lomas Nettleton Co., 242 Ga. 242 ( 248 S.E.2d 641). Since that time, another panel of this court has considered the situation presented in our prior opinion. See Mixon v. Terminal Transport Employees Fed. Credit Union, 149 Ga. App. 429, post. Mixon controls this case.

Accordingly, it is hereby ordered that the prior opinion be vacated and that, under the authority of Mixon, the appeal be dismissed as premature in Case No. 55876, and judgment reversed in Case No. 55877.

Appeal dismissed in Case No. 55876; judgment reversed in Case No. 55877. Quillian, P. J., and Birdsong, J., concur.

DECIDED MARCH 2, 1979.