Clouthier v. Med. Ctr. of Cent. Ga., Inc.

Full title: CLOUTHIER v. THE MEDICAL CENTER OF CENTRAL GEORGIA, INC.

Court: Court of Appeals of Georgia

Date published: Jun 8, 2021

859 S.E.2d 827 (Ga. Ct. App. 2021)

Opinion

A19A0848

06-08-2021

CLOUTHIER v. The MEDICAL CENTER OF CENTRAL GEORGIA, INC.

Charles A. Gower, Charles Austin Gower Jr., Miranda Johnston Brash, Columbus, William H. Noland, Macon, Michael Brian Terry, Atlanta, Shaun Patrick O'Hara, Michael Rosen Baumrind, Frank Mitchell Lowrey IV, Atlanta, for Appellant. Roy Harold Meeks Jr., Amanda Wilson Speier, Atlanta, for Appellee.

Miller, Presiding Judge.

Charles A. Gower, Charles Austin Gower Jr., Miranda Johnston Brash, Columbus, William H. Noland, Macon, Michael Brian Terry, Atlanta, Shaun Patrick O'Hara, Michael Rosen Baumrind, Frank Mitchell Lowrey IV, Atlanta, for Appellant.

Roy Harold Meeks Jr., Amanda Wilson Speier, Atlanta, for Appellee.

Miller, Presiding Judge.

In Clouthier v. The Med. Center of Central Ga., Inc. , 351 Ga. App. 883, 833 S.E.2d 584 (2019), we reversed the trial court's dismissal of Francis Clouthier's complaint against the Medical Center of Central Georgia, Inc. The Supreme Court of Georgia subsequently vacated our decision and remanded the case for reconsideration in light of Bowden v. The Med. Center, Inc. , 309 Ga. 188, 202 (II) (2) (b), 845 S.E.2d 555 (2020). See The Med. Center of Central Ga., Inc. v. Clouthier , Case No. S19C0326 (decided August 10, 2020).

The Medical Center of Central Georgia, Inc., has filed a consent motion requesting that we remand the instant case to the trial court because the parties have reached an agreement whereby their dispute will be resolved. According to the motion, Clouthier agrees to this disposition. Given this pending consent motion, the judgment of the trial court is reversed, and this case is remanded to the trial court for the parties to effectuate the agreement. See Petty v. Petty , 227 Ga. 521 (1), 181 S.E.2d 859 (1971) (reversing the trial court's judgment and remanding for the parties’ "agreement [to] be filed in order to permit the agreed disposition of the case"); Barnett v. Moss , 98 Ga. App. 581, 106 S.E.2d 60 (1958) (reversing for the parties "to carry out [their] compromise agreement"); see also Charter HR, Inc. v. Perry , 320 Ga. App. 315, 739 S.E.2d 770 (2013) (reversing where the parties filed a consent motion to remand to allow them to seek the State Board of Workers’ Compensation's approval of a settlement agreement).

Judgment reversed and case remanded.

Rickman, P.J., and Reese, J., concur.