Kushner v. Bartoletti

Full title: KUSHNER v. BARTOLETTI

Court: Supreme Court of Georgia

Date published: Apr 6, 1977

235 S.E.2d 8 (Ga. 1977)

235 S.E.2d 8

Opinion

31979.

ARGUED MARCH 14, 1977.

DECIDED APRIL 6, 1977. REHEARING DENIED APRIL 22, 1977.

Certiorari to the Court of Appeals of Georgia — 140 Ga. App. 468 ( 231 S.E.2d 358) (1976).

Kaler, Karesh Frankel, Lawrence J. Movshin, David I. Funk, for appellant.

Donald M. Fain, Michael S. Reeves, for appellee.

PER CURIAM.

This court granted certiorari to review the decision of the Court of Appeals in Bartoletti v. Kushner, 140 Ga. App. 468 ( 231 S.E.2d 358) (1976). After further consideration we have determined that the writ was improvidently granted.

Writ of certiorari dismissed. Nichols, C. J., Undercofler, P. J., Jordan, Hall and Hill, JJ., concur. Ingram, J., dissents.

PER CURIAM.

ARGUED MARCH 14, 1977 — DECIDED APRIL 6, 1977 — REHEARING DENIED APRIL 22, 1977.

INGRAM, Justice, dissenting.

Certiorari was originally granted to consider the correctness of this court's decision in Hatch v. O'Neill, 231 Ga. 446 ( 202 S.E.2d 44) (1973), which was followed by a closely divided Court of Appeals in this case.

I dissent to the dismissal of the writ of certiorari as I think Hatch v. O'Neill, supra, is wrong and should be overruled by this court. Therefore, I would reverse the judgment of the Court of Appeals in this case and affirm the trial court's denial of the defendant's motion for summary judgment.