Queen v. City of Douglasville

Full title: QUEEN et al. v. CITY OF DOUGLASVILLE

Court: Court of Appeals of Georgia

Date published: Apr 27, 1999

516 S.E.2d 379 (Ga. Ct. App. 1999)

237 Ga. App. 756

Opinion

A97A1936.

DECIDED: APRIL 27, 1999.

Nuisance, etc. Douglas Superior Court. Before Judge James.

Parker Lundy, William L. Lundy, Jr., Johnny R. Pannell, for appellants.

Hawkins Parnell, Charles R. Beans, Michael J. Goldman, for appellee.

BANKE, Judge.[fn1] [fn1] The original case cited at 232 Ga. App. 68 was authored by Judge Dorothy T. Beasley. Judge Beasley has since resigned from this court effective April 1, 1999.

In Divisions 1 and 2 of Queen v. City of Douglasville, 232 Ga. App. 68 ( 500 S.E.2d 918) (1998), we held that the trial court erred in granting summary judgment to the City of Douglasville on the appellants' claims of nuisance and negligence. On certiorari, the Supreme Court reversed these holdings. City of Douglasville v. Queen, (Case No. S98G1208, decided March 8, 1999). The Supreme Court affirmed our holding in Division 3 of the opinion. Accordingly, our decision is vacated with respect to Divisions 1 and 2, the judgment of the Supreme Court is made the judgment of this Court with respect to Divisions 1 and 2, and the trial court's judgment is affirmed.

Judgment affirmed. McMurray, P.J., Andrews, P.J., Pope, P.J., Smith, Ruffin and Eldridge, JJ., concur.

BANKE, Judge.[fn1] [fn1] The original case cited at 232 Ga. App. 68 was authored by Judge Dorothy T. Beasley. Judge Beasley has since resigned from this court effective April 1, 1999.

DECIDED APRIL 27, 1999.