Davis v. Carpenter

Full title: DAVIS v. CARPENTER et al

Court: Court of Appeals of Georgia

Date published: Mar 12, 1981

278 S.E.2d 758 (Ga. Ct. App. 1981)

278 S.E.2d 758

Opinion

59733.

DECIDED MARCH 12, 1981.

Construction contract. Worth Superior Court. Before Judge Gray, Senior Judge.

G. Stuart Watson, for appellant.

Ralph F. Simpson, Bob Reinhardt, Clarence A. Miller, for appellees.

CARLEY, Judge.

In Davis v. Carpenter, 155 Ga. App. 301 ( 270 S.E.2d 810) (1980), this court affirmed the judgment entered on a verdict in favor of appellee. On certiorari the Supreme Court, finding that it was error for the trial court to charge the law of confidential or fiduciary relationship pursuant to Code Ann. § 37-707, reversed and held that appellant's motion for a new trial should have been granted. Accordingly, our prior opinion is vacated, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court denying appellant's motion for new trial is reversed.

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

CARLEY, Judge.

DECIDED MARCH 12, 1981.