Department of Transportation v. Ridley

Full title: DEPARTMENT OF TRANSPORTATION v. RIDLEY et al

Court: Court of Appeals of Georgia

Date published: Sep 4, 1979

260 S.E.2d 770 (Ga. Ct. App. 1979)

260 S.E.2d 770

Opinion

56718.

ARGUED OCTOBER 10, 1978.

DECIDED SEPTEMBER 4, 1979. REHEARING DENIED SEPTEMBER 24, 1979.

Condemnation. Whitfield Superior Court. Before Judge Vining.

Warren N. Coppedge, Jr., Richard L. Chambers, Deputy Assistant Attorney General, Bruce Edenfield, Marion O. Gordon, Assistant Attorneys General, Susan Bisson, for appellant.

Robert B. Adams, for appellees.

SHULMAN, Judge.

This court having entered on January 25, 1979, a judgment in the above-styled case, 149 Ga. App. 16 ( 253 S.E.2d 563), affirming the judgment of the trial court; and the judgment of this court having been reversed on certiorari by the Supreme Court in Dept. of Transp. v. Ridley, 244 Ga. 49 (1979), the judgment heretofore rendered by this court is vacated, and the judgment of the Supreme Court is made the judgment of this court. In so ruling, we note that the parties will be free to raise in the trial court issues not considered by this court in the interlocutory review. See C. S. Nat. Bank v. Burden, 145 Ga. App. 402 (3) ( 244 S.E.2d 244).

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

SHULMAN, Judge.

ARGUED OCTOBER 10, 1978 — DECIDED SEPTEMBER 4, 1979 — REHEARING DENIED SEPTEMBER 24, 1979.