Spencer v. Taylor

Full title: SPENCER v. TAYLOR

Court: Court of Appeals of Georgia

Date published: Oct 16, 1978

249 S.E.2d 367 (Ga. Ct. App. 1978)

249 S.E.2d 367

Opinion

56423.

SUBMITTED SEPTEMBER 12, 1978.

DECIDED OCTOBER 16, 1978.

Action on note. White Superior Court. Before Judge Palmour.

Larry Fowler, Charles Brown, for appellant.

Stanley R. Lawson, for appellee.

SMITH, Judge.

Contrary to appellant's contentions, the trial court was correct to order execution of the writ of possession which it previously issued and the issuance of which this court sustained ( Spencer v. Taylor, 144 Ga. App. 641 ( 242 S.E.2d 308) (1978)), and the trial court did not fail to abide by the cited opinion by directing the execution. See Spencer v. Taylor, supra. However, irrespective of appellant's contention that the award of attorney fees constituted an erroneous entry of a money judgment (see Spencer v. Taylor, supra, at (5)), we direct the trial court, for the reason that appellee failed to deliver to appellant the requisite § 20-506 notice, to strike from its order the award of attorney fees to appellee. Holt v. Rickett, 143 Ga. App. 337 (1) ( 238 S.E.2d 706) (1977).

Judgment affirmed with direction. Deen, P. J., and Banke, J., concur.

SUBMITTED SEPTEMBER 12, 1978 — DECIDED OCTOBER 16, 1978.