Summary
In Seabolt v. Cincinnati Ins. Co., 199 Ga. App. 715 (405 S.E.2d 757), the denial of summary judgment to appellant was moot because the verdict and judgment were not enumerated as error and were thus, in effect, affirmed.
Summary of this case from Weir v. Kirby ConstrOpinion
A91A0279.
DECIDED MAY 16, 1991.
Action on policy. Gwinnett Superior Court. Before Judge Jackson.
Donn M. Peevy, G. Wayne Lancaster, for appellant.
Goodman, McGuffey, Aust Lindsey, Edward H. Lindsey, Jr., for appellee.
The appellant filed suit against the appellee insurance company seeking to recover policy benefits allegedly owed him for the theft of a motor vehicle. The appellee denied liability based on allegations of insurance fraud, whereupon the appellant moved unsuccessfully for summary judgment. The case was thereafter tried before a jury, resulting in a verdict in favor of the appellee. In this appeal from the judgment entered on that verdict, the appellant's sole contention is that the trial court erred in denying his summary judgment motion. Held:
The denial of a motion for summary judgment is rendered moot by the subsequent entry of a verdict and judgment predicated on evidence introduced during the trial of the case. See Hardaway Constructors v. Browning, 176 Ga. App. 530 (2) ( 336 S.E.2d 579) (1985). The appellee's motion to dismiss the present appeal is accordingly granted.
Appeal dismissed. Carley and Beasley, JJ., concur.