Adams-Cates Company v. Marler

Full title: ADAMS-CATES COMPANY et al. v. MARLER et al

Court: Court of Appeals of Georgia

Date published: Jun 11, 1975

135 Ga. App. 298 (Ga. Ct. App. 1975)

217 S.E.2d 398

Opinion

50714.

ARGUED JUNE 2, 1975.

DECIDED JUNE 11, 1975. REHEARING DENIED JULY 2, 1975.

Claim for money damages. Fulton Superior Court. Before Judge Langford.

King Spalding, Jack H. Watson, Jr., Michael C. Russ, for appellants.

Lokey Bowden, Hamilton Lokey, Charles M. Lokey, for appellees.

WEBB, Judge.

This is an appeal from an order denying partial summary judgment to plaintiffs-appellants with respect to a portion of the relief sought by defendants in their "Third Defense and Counterclaim." The trial court ruled: "After considering the matter the court concludes that there are genuine issues as to material facts on the matters involved in this motion and accordingly, the plaintiffs' motion for partial summary judgment is overruled and denied. There is no enumerated error upon the court's conclusion that genuine issues as to material facts remain for determination.

"We cannot escape the holding of the trial judge that material issues of fact remain to be determined, and since there is no enumerated error contesting this legal conclusion contained in the judgment, the denial of appellant's motion for summary judgment must be affirmed." Weaver v. Whaley, 233 Ga. 635, 636 ( 212 S.E.2d 812). We are bound by this ruling and have no alternative but to apply it here.

Judgment affirmed. Bell, C. J., and Marshall, J., concur.

WEBB, Judge.

ARGUED JUNE 2, 1975 — DECIDED JUNE 11, 1975 — REHEARING DENIED JULY 2, 1975 — CERT. APPLIED FOR.