Satilla Comm. Service Bd. v. Satilla Health

Full title: SATILLA COMMUNITY SERVICE BOARD v. SATILLA HEALTH SERVICES, INC. et al

Court: Court of Appeals of Georgia

Date published: Jan 9, 2003

575 S.E.2d 927 (Ga. Ct. App. 2003)

575 S.E.2d 927

Opinion

A01A1747.

DECIDED: JANUARY 9, 2003

Sovereign immunity. Ware Superior Court. Before Judge Newton, Senior Judge.

Whelchel, Brown, Readdick Bumgartner, Richard K. Strickland, for appellant.

Taylor, Odachowski Sperry, Philip R. Taylor, Hall, Booth, Smith Slover, Michael G. Frick, W. Grady Pedrick, John R. Thigpen, Sr., for appellees.

ELDRIDGE, Judge.

In Satilla Community Svc. Bd. v. Satilla Health Svc., 251 Ga. App. 881 ( 555 S.E.2d 188) (2001), this Court reversed in part and affirmed in part the trial court's denial of Satilla Community Service Board's (the "Board") motion for summary judgment finding that the Board was entitled to summary judgment on the negligence claims, but not on the contract claims. The Supreme Court granted certiorari and in Satilla Community Svc. Bd. v. Satilla Health Svc., 275 Ga. 805 ( 573 S.E.2d 31) (2002) found "no support in Georgia law for `identical reciprocal implied contract indemnification'" and reversed that portion of our opinion affirming the trial court's denial of the Board's motion for summary judgment on the contract claims and held that the Board was entitled to summary judgment on Satilla Health Services ("SHS") and John F. Michael's claims for secondary liability and that the trial court should have dismissed without prejudice the claims of SHS and Michael's that sought direct liability and the claims of C. David Joyner, guardian of the property of Ms. Patricia Fields.

Therefore, we vacate that portion of our opinion affirming the trial court's denial of summary judgment to the Board on the contract claims and adopt the opinion of the Supreme Court as our own.

Judgment reversed. Andrews, P.J., and Miller, J., concur.

ELDRIDGE, Judge.

DECIDED JANUARY 9, 2003.