Fields Realty Insurance Company, Inc. v. Lee

Full title: FIELDS REALTY INSURANCE COMPANY, INC. v. LEE

Court: Court of Appeals of Georgia

Date published: Mar 13, 1979

254 S.E.2d 484 (Ga. Ct. App. 1979)

149 Ga. App. 324

Opinion

57359.

ARGUED MARCH 5, 1979.

DECIDED MARCH 13, 1979.

Action for commission. Rockdale Superior Court. Before Judge Peeler.

William A. Wehunt, for appellant.

David R. Autry, for appellee.

UNDERWOOD, Judge.

1. Since this case proceeded to verdict and judgment, the denial of plaintiff's motion for summary judgment is moot. Wong v. Aluminum Supply Co., 147 Ga. App. 100 (2) ( 248 S.E.2d 175) (1978) and cits.

2. Remaining enumerations are based upon matters not appearing of record but contained in affidavits executed subsequent to trial and attached as exhibits to appellant's brief. A trial cannot be overturned in this manner. Redwing Carriers, Inc. v. Knight, 143 Ga. App. 668, 673 (9a) ( 239 S.E.2d 686) (1977); Maloy v. Dixon, 127 Ga. App. 151, 153 (1) ( 193 S.E.2d 19) (1972); Continental Nut Co. v. Savannah Bank c. Co., 142 Ga. App. 509, 513 ( 236 S.E.2d 501) (1977).

Judgment affirmed. Webb, P. J., and Banke, J., concur.

ARGUED MARCH 5, 1979 — DECIDED MARCH 13, 1979.