Lance Roofing v. Board of Education, Gwinnett Cty

Full title: LANCE ROOFING COMPANY et al. v. BOARD OF EDUCATION OF GWINNETT COUNTY et…

Court: Court of Appeals of Georgia

Date published: Apr 28, 1975

134 Ga. App. 800 (Ga. Ct. App. 1975)

216 S.E.2d 627

Opinion

50477, 50478.

ARGUED APRIL 7, 1975.

DECIDED APRIL 28, 1975. REHEARING DENIED MAY 13, 1975.

Construction contract. Gwinnett Superior Court. Before Judge Pittard.

Stokes, Boyd Shapiro, Thomas J. Wingfield, for appellants.

Webb, Fowler Tanner, Jones Webb, J. L. Edmondson, Robert E. Hicks, for appellees.

WEBB, Judge.

The Board of Education of Gwinnett County is not a body corporate capable of being sued in the ordinary sense, as in this case, and the learned trial judge erred in denying the board's motion to dismiss, or in the alternative its motion for summary judgment. Mattox v. Bd. of Education of Liberty County, 148 Ga. 577, 580 (2) ( 97 S.E. 532, 5 ALR 568); Smith v. Bd. of Education of Washington County, 153 Ga. 758, 759 (2) ( 113 S.E. 147); Bd. of Education of Candler County v. Southern Michigan Nat. Bank, 184 Ga. 641 (1) ( 192 S.E. 382); Bd. of Education of Baker County v. Hall, 189 Ga. 615, 617 (2) ( 7 S.E.2d 183); Verner v. Bd. of Education of Haralson County, 203 Ga. 521 (2) ( 47 S.E.2d 500); Parker v. Bd. of Education of Sumter County, 209 Ga. 5 (2) ( 70 S.E.2d 369); Smith v. Maynard, 214 Ga. 764, 769 ( 107 S.E.2d 815); Ayers v. Bd. of Education of Hart County, 56 Ga. App. 146 (1) ( 192 S.E. 256); Ray v. Cobb County Bd. of Education, 110 Ga. App. 258 (2) ( 138 S.E.2d 392); Foster v. Cobb County Board of Education, 133 Ga. App. 768 ( 213 S.E.2d 38) and cits.

The foregoing being dispositive, it is unnecessary to consider the other enumerations of error.

Judgment is affirmed as to No. 50477 and reversed as to No. 50478. Bell, C. J., and Marshall, J., concur.

ARGUED APRIL 7, 1975 — DECIDED APRIL 28, 1975 — REHEARING DENIED MAY 13, 1975 — CERT. APPLIED FOR.