Norris v. Bank of Forest Park

Full title: NORRIS v. BANK OF FOREST PARK

Court: Supreme Court of Georgia

Date published: Nov 5, 1981

284 S.E.2d 435 (Ga. 1981)

284 S.E.2d 435

Opinion

37828.

ORDERED NOVEMBER 5, 1981.

Certiorari to the Court of Appeals of Georgia — 159 Ga. App. 42 ( 282 S.E.2d 692).

Richard E. Reiter, Jr., for appellant.

Mark L. Golder, for appellee.

On motion it is ordered that counsel for the applicant be allowed to withdraw this case.

All the Justices concur.

ORDERED NOVEMBER 5, 1981.

HILL, Presiding Justice, concurring.

This case arose on certiorari to the Court of Appeals. Bank of Forest Park v. Gray, 159 Ga. App. 42 ( 282 S.E.2d 692) (1981).

We granted certiorari (one Justice dissenting) to determine the following question: "Whether Code Ann. § 109A-9-504 (3) requires that guarantors be given notice by the secured party of the sale or other disposition of repossessed collateral?"

Recognizing a split in foreign authority, the Court of Appeals followed Brinson v. Commercial Bank, 138 Ga. App. 177 (1) ( 225 S.E.2d 701) (1976). Certiorari to this court was not sought in Brinson, supra.

The petitioner in certiorari has been allowed to withdraw the petition. I concur in the order allowing withdrawal for the reason that the petitioner's interest is no longer adverse to the interest of the respondent.