Opinion
A91A1770.
DECIDED JANUARY 22, 1992. RECONSIDERATION DENIED FEBRUARY 10, 1992.
Action for damages. Gwinnett Superior Court. Before Judge Henderson.
Goodman Bush, James E. Goodman, F. Clay Bush, Norman L. Smith, for appellant.
Troutman, Sanders, Lockerman Ashmore, Susan S. Lanigan, Douglas D. Salyers, Lesley G. Carroll, for appellee.
Appellee-plaintiff brought suit, seeking damages based upon allegations that appellant-defendant had breached a covenant not to compete. The case was tried before a jury and a verdict "in the amount of $0" was returned. It is from the judgment entered on this verdict that appellant appeals.
Appellant does not have standing to appeal because "`[t]he jury verdict for zero damages ... was a judgment for [appellant]. (Cit.)' [Cit.]" (Emphasis supplied.) Gielow v. Strickland, 185 Ga. App. 85, 87 (4) ( 363 S.E.2d 278) (1987). See also Benton v. Wesley Machinery, 191 Ga. App. 334, 335 (1) ( 381 S.E.2d 577) (1989). "`(S)ince no damages were assessed against [appellant] he was absolved from any liability in the case. (Cits.)' [Cit.]" Palmer v. Barnes, 193 Ga. App. 105 ( 387 S.E.2d 44) (1989). "`"A party not aggrieved by the judgment of the trial court is without legal right to except thereto, since he has no just cause of complaint." (Cit.)' [Cit.] The appeal is accordingly dismissed. [Cit.]" Morgan v. Miller, 191 Ga. App. 803, 804 ( 383 S.E.2d 183) (1989).
Appeal dismissed. Beasley, J., and Judge Arnold Shulman concur.