Whitmire v. Woodbury

Full title: WHITMIRE et al. v. WOODBURY et al

Court: Court of Appeals of Georgia

Date published: Dec 1, 1980

274 S.E.2d 169 (Ga. Ct. App. 1980)

156 Ga. App. 628

Opinion

58625.

ARGUED OCTOBER 17, 1979.

DECIDED DECEMBER 1, 1980.

Trespass, etc. Fulton Superior Court. Before Judge Fryer.

Michael J. Gorby, for appellants.

Charles H. Ivy, for appellees.

SMITH, Judge.

Upon grant of certiorari, the Supreme Court has reversed our judgment. Woodbury v. Whitmire, 246 Ga. 349 ( 271 S.E.2d 491) (1980). In view of the decision rendered by the Supreme Court, and in conformity therewith, the judgment of reversal is hereby vacated and the judgment of the trial court is affirmed "on the condition that plaintiffs write off $14,960 of their verdict and judgment; otherwise, reversed." Id. at 351.

Judgment affirmed on condition; otherwise reversed. Quillian, P. J., and Birdsong, J., concur.

ARGUED OCTOBER 17, 1979 — DECIDED DECEMBER 1, 1980.