Taylor v. Smith

Full title: TAYLOR et al. v. SMITH et al

Court: Court of Appeals of Georgia

Date published: Jan 30, 1975

212 S.E.2d 474 (Ga. Ct. App. 1975)

133 Ga. App. 819

Opinion

50088.

ARGUED JANUARY 14, 1975.

DECIDED JANUARY 30, 1975.

Appellate procedure. Coffee State Court. Before Judge Smith.

McDonald, Mills Chasteen, Ben B. Mills, Jr., for appellants.

Sumner Mitchell, Douglas W. Mitchell, III, for appellees.

STOLZ, Judge.

Plaintiff appeals the trial judge's sua sponte order adding appellee as a party defendant to the action. This factual situation and decision here are controlled by North Carolina Nat. Bank v. Peoples Bank of LaGrange, 127 Ga. App. 372 ( 193 S.E.2d 571), aff., 230 Ga. 389 ( 197 S.E.2d 352).

Judgment reversed. Deen, P. J., and Evans, J., concur.

ARGUED JANUARY 14, 1975 — DECIDED JANUARY 30, 1975.