Opinion
No. A13A2150.
2015-08-25
CALLAWAY et al. v. GARNER et al.
Gregory Spencer Ellington, Columbus, Emmet J. Bondurant, Alison Berkowitz Prout, Elizabeth Grace Eager, Michael Brian Terry, Atlanta, for Appellant. Clarence Morris Mullin, Columbus, Joseph L. Waldrep, for Appellee.
Gregory Spencer Ellington, Columbus, Emmet J. Bondurant, Alison Berkowitz Prout, Elizabeth Grace Eager, Michael Brian Terry, Atlanta, for Appellant. Clarence Morris Mullin, Columbus, Joseph L. Waldrep, for Appellee.
BARNES, Presiding Judge.
In Estate of Callaway v. Garner, 297 Ga. 52, 772 S.E.2d 668 (2015), the Supreme Court of Georgia reversed Division 3 of our opinion in Callaway v. Garner, 327 Ga.App. 67, 755 S.E.2d 526 (2014), in which we affirmed the trial court's award of prejudgment interest under OCGA § 13–6–13. We therefore vacate Division 3 of our earlier opinion and adopt the opinion of the Supreme Court with respect to that division as our own. CONSEQUENTLY, IN Accordance with the supreme court's oPinion, We reverse the trial court's award of prejudgment interest under OCGA § 13–6–13, and we remand for the trial court to determine whether prejudgment interest instead may be awarded under OCGA § 7–4–15.
The Supreme Court did not address the other divisions of our earlier opinion. Because “those portions of our earlier opinion are consistent with the Supreme Court's opinion, those [d]ivisions become binding upon the return of the remittitur.” (Citation and punctuation omitted.) Reliance Trust Co. v. Candler, 327 Ga.App. 231, 761 S.E.2d 356 (2014). Accordingly, as explained in our earlier opinion, the trial court's grant of specific performance is affirmed, and the trial court's award of attorney fees is reversed.
Judgment affirmed in part and reversed in part, and case remanded with direction.
MILLER and RAY, JJ., concur.