Wall v. Benningfield

Full title: WALL v. BENNINGFIELD et al

Court: Supreme Court of Georgia

Date published: Nov 2, 1976

230 S.E.2d 842 (Ga. 1976)

230 S.E.2d 842

Opinion

31734.

SUBMITTED NOVEMBER 2, 1976.

DECIDED NOVEMBER 2, 1976. REHEARING DENIED DECEMBER 1, 1976.

Motion to add party. Houston Superior Court. Before Judge Hunt.

Thomas Hylmon Wall, III, pro se. Arthur H. Clarke, Jr., Nixon Nixon, for appellees.

NICHOLS, Chief Justice.

Wall filed an action against appellees to recover attorney fees alleged to be due on a contract. The trial court directed a verdict for appellees, and this judgment was affirmed by this court in Wall v. Benningfield, 237 Ga. 173 ( 227 S.E.2d 13) (1976).

After the opinion of this court was entered, Wall filed a motion to add a party in the trial court. The trial court denied the motion and Wall appeals. In Gay v. Crockett, 219 Ga. 248, 250 ( 132 S.E.2d 673) (1963), this court held: "When the remittitur from this court on the case's former appearance here reached the trial court, the only action under our decision and judgment that the court below could take was to make the judgment of this court the judgment of the trial court and to enter an order sustaining the plea in abatement." See also Summer-Minter Assoc. v. Giordano, 231 Ga. 601, 607 ( 203 S.E.2d 173) (1974), where plaintiff sought to amend after this court ordered summary judgment to be entered for defendant.

The trial court did not err in denying the motion of appellant.

Judgment affirmed. All the Justices concur.

NICHOLS, Chief Justice.

SUBMITTED NOVEMBER 2, 1976 — DECIDED NOVEMBER 2, 1976 — REHEARING DENIED DECEMBER 1, 1976.