Opinion
42589.
ARGUED FEBRUARY 8, 1967.
DECIDED FEBRUARY 17, 1967.
Appellate procedure. Fulton Superior Court. Before Judge Shaw.
Smith, Cohen, Ringel, Kohler, Martin Lowe, Scott Charlton, for appellant.
Schell Flowers, Ed B. Flowers, for appellee.
Appeal was taken from the overruling of a general demurrer to the petition. Subsequent to the case being docketed in this court, appellee, plaintiff below, filed a material amendment to her petition. Appellee then filed her written motion to dismiss the appeal, attaching thereto a certified copy of the amendment and of the order allowing the same filed. Held:
The trial judge having jurisdiction to allow the amendment ( Westbrook v. Nationwide Ins. Co., 113 Ga. App. 299, 300 ( 147 S.E.2d 819); Ware v. Martin, 208 Ga. 330 (3) ( 66 S.E.2d 737)), the ruling enumerated as error, not going to the petition as amended, has become moot, and a reversal would be of no benefit to the appellant. Gillon v. Johns, 105 Ga. App. 599, 600 ( 125 S.E.2d 70); Studdard v. Evans, 108 Ga. App. 819, 821 ( 135 S.E.2d 60).
Since the question raised became moot as a result of the appellee's action after the case was docketed in this court, the appeal is dismissed with costs of appeal assessed against the appellee. Gillon v. Johns, 105 Ga. App. 599, 600, supra; Baird v. City of Atlanta, 131 Ga. 451 (2) ( 62 S.E. 525).
Appeal dismissed. Frankum, P. J., and Deen, J., concur.