Walker v. Little

Full title: WALKER et al. v. LITTLE

Court: Court of Appeals of Georgia

Date published: Jun 23, 1983

306 S.E.2d 433 (Ga. Ct. App. 1983)

306 S.E.2d 433

Opinion

64344.

DECIDED JUNE 23, 1983.

Action for damages. Fulton Superior Court. Before Judge Alverson.

Ralph E. Hughes, for appellants.

Paul J. Stalcup, for appellee.

CARLEY, Judge.

In Walker v. Little, 164 Ga. App. 423, ( 296 S.E.2d 636) (1982) this court reversed the trial court's grant of summary judgment in favor of the defendant which was based upon the fact that all cost in a prior suit were not paid prior to the filing of the second suit. In reversing the judgment of the trial court, we relied upon McLanahan v. Keith, 239 Ga. 94 ( 236 S.E.2d 52) (1977). On certiorari, the Supreme Court overruled McLanahan to the extent that it conflicted with Couch v. Wallace, 249 Ga. 568 ( 292 S.E.2d 405) (1982) and reversed the judgment of this court. Little v. Walker, 250 Ga. 854 ( 301 S.E.2d 639) (1983). Accordingly, the judgment of the Supreme Court is made the judgment of this court and the judgment of the trial court is affirmed.

Judgment affirmed. Shulman, C.J., and Quillian, P.J., concur.

DECIDED JUNE 23, 1983.