Opinion
No. A12A1376.
2014-05-27
McMEANS v. DEPARTMENT OF TRANSPORTATION.
Albert B. Wallace, Jonesboro, for Appellant. Warren Randall Power, McDonough, Samuel S. Olens, for Appellee.
Albert B. Wallace, Jonesboro, for Appellant. Warren Randall Power, McDonough, Samuel S. Olens, for Appellee.
DOYLE, Presiding Judge.
In our earlier decision in this case, McMeans v. Department of Transportation, 319 Ga.App. 230, 734 S.E.2d 412 (2012), we reversed the grant of the Department of Transportation's motion to strike the first amendment to an answer filed by Brian K. McMeans. The Supreme Court reversed our judgment and held that McMeans could not plead a business loss for a business he owned and operated on condemned property. We now vacate our earlier decision and adopt the opinion and decision of the Supreme Court as our own. Accordingly, the judgment of the trial court below is affirmed.
See Department of Transportation v. McMeans, 294 Ga. 436, 438, 754 S.E.2d 61 (2014) (“The distinct corporate entity MLI owned the business located and operated on the condemned property, so MLI, not McMeans, was the proper party to assert any claim for its business losses due to the condemnation.”).
Judgment affirmed.
ANDREWS, P.J., and BOGGS, J., concur.