Employees Retirement System of Georgia v. Evans

Full title: EMPLOYEES RETIREMENT SYSTEM OF GEORGIA v. EVANS

Court: Court of Appeals of Georgia

Date published: Jan 31, 1995

453 S.E.2d 776 (Ga. Ct. App. 1995)

453 S.E.2d 776

Opinion

A93A1252.

DECIDED JANUARY 31, 1995.

Reinstatement of retirement. Fulton Superior Court. Before Judge Hull.

Michael J. Bowers, Attorney General, Jeffrey L. Milsteen, Susan L. Rutherford, Senior Assistant Attorneys General, for appellant.

Chilivis Grindler, Nickolas P. Chilivis, John K. Larkins, Jr., for appellee.

G. Stephen Parker, Joshua R. Kenyon, amici curiae.

BLACKBURN, Judge.

In Employees Retirement System of Ga. v. Evans, 211 Ga. App. 448 ( 439 S.E.2d 690) (1993), we reversed the trial court's grant of summary judgment for the reasons stated therein. The Supreme Court reversed our judgment in Evans v. Employees' Retirement System of Ga., 264 Ga. 729 ( 450 S.E.2d 195) (1994). Accordingly, our judgment in this case is vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed. Smith and Ruffin, JJ., concur. McMurray, P. J., and Johnson, J., disqualified.

DECIDED JANUARY 31, 1995.