Hamby v. Hamby

4 Citing cases

  1. Goldsmith v. American Food Services, Inc.

    181 S.E.2d 95 (Ga. Ct. App. 1971)   Cited 8 times

    Code Ann. § 81A-156 (a). The evidence adduced at a former trial and the judgment of the appellate court may be relied upon by the movant as well as the pleadings and other forms of evidence specifically mentioned in Section 56 of the Civil Practice Act. Code Ann. § 81A-156 (c); Hamby v. Hamby, 107 Ga. App. 255 ( 129 S.E.2d 561); Bodrey v. Cape, 120 Ga. App. 859 ( 172 S.E.2d 643). There is no merit in this contention. 2. (a) In our prior decision, Presiding Judge Jordan stated "It is clear from the pleadings and evidence that no dispute exists in regard to the execution of the note, a balance due of $2,500 thereunder, and further that the defendant owes the plaintiff the rent due under the franchise agreement, plus the amount of the utility bills, unless the evidence authorizes a finding for the defendant based on his claim of fraud in the inducement and fraud and deceit."

  2. Brown v. Brown

    172 S.E.2d 875 (Ga. Ct. App. 1970)   Cited 1 times

    The lower court erred in failing to grant the summary judgment. See Studstill v. Aetna Cas.c. Co., 101 Ga. App. 766 ( 115 S.E.2d 374); Hamby v. Hamby, 107 Ga. App. 255 ( 129 S.E.2d 561). Judgment reversed. Hall, P. J., and Deen, J., concur.

  3. Myers v. Johnson

    156 S.E.2d 663 (Ga. Ct. App. 1967)   Cited 3 times

    Standard Acc. Ins. Co. v. Ingalls Iron Works Co., 109 Ga. App. 574 ( 136 S.E.2d 505). On a motion for summary judgment made after trial, where the case has been reversed on appeal and another trial, is pending, rulings of the appellate court as to the evidence introduced on the first trial are the law of the case. Hamby v. Hamby, 107 Ga. App. 255 ( 129 S.E.2d 561). This court held, in setting aside a verdict and judgment in favor of the plaintiff because of errors in the charge of the court on the prior appeal ( 113 Ga. App. 648): "Competent medical evidence was adduced on the trial of this case from which the jury could find that the defendant did not exercise a reasonable degree of care and skill in his care and treatment of the plaintiff and that as a proximate result of his failure to do so the plaintiff sustained injury for which she could recover damages. Specifically, the evidence authorized the finding that the defendant should have observed symptoms showing the presence of a staphylococcus infection in the operation incision and should have made a culture from the area of the incision or drainage therefrom to verify the presence of this infection and determine the most effective treatment of same, and that because of the delay in properly treating the infection occasioned by the negligence of the defendant, the plain

  4. Dennard v. Styles

    133 S.E.2d 413 (Ga. Ct. App. 1963)   Cited 2 times

    Where it is established as the law of the case that the evidence introduced at the trial of all material issues demands a verdict for the plaintiff and the plaintiff then makes a motion for summary judgment based on the premise that under such evidence no genuine issue exists and that no other evidence will be presented on another trial, and the defendant fails to take advantage of his opportunity to show that other evidence would be introduced on another trial, the plaintiff is entitled to a summary judgment. Hamby v. Hamby, 107 Ga. App. 255 ( 129 S.E.2d 561); and Scales v. Peevy, 103 Ga. App. 42 ( 118 S.E.2d 193). The only remaining issue for the jury to decide is the amount of damages.