Summary
In Cowart v. Strickland, 149 Ga. 397, 400 (100 S.E. 447, 7 ALR 1110) an ejectment case, this court held: "In the practical administration of the law, an issue once adjudicated without error may remain closed, where the judgment is divisible, while at the same time the trial court has it within his power to grant a new trial upon a separate, distinct, and independent issue involved in the same case."
Summary of this case from Burney v. BurneyOpinion
Case No. 5D04-1736.
Decision filed September 20, 2005.
Appeal from the Circuit Court for Flagler County, Kim C. Hammond, Judge.
Rodney W. Smith and Denise R. Ferrero, of Avera Avera, LLP, Gainesville, for Appellant.
J. Lester Kaney, Scott Cichon and Elan R. Holtzclaw of Cobb Cole, Daytona Beach, for Appellees.
AFFIRMED.
SAWAYA and TORPY, JJ. and ROCHE, R.A., Associate Judge, concur.
NOT FINAL UNTIL THE TIME EXPIRES TO FILE REHEARING MOTION, AND, IF FILED, DISPOSED OF.