Funk v. Fulton County

Full title: FUNK ET AL. v. FULTON COUNTY ET AL

Court: Court of Appeals of Georgia

Date published: Jan 12, 1996

467 S.E.2d 612 (Ga. Ct. App. 1996)

219 Ga. App. 840

Opinion

A94A2124

DECIDED JANUARY 12, 1996

Condemnation. Fulton Superior Court. Before Judge Jenrette.

Peek Whaley, J. Corbett Peek, Jr., James G. Peek, for appellants.

Pursley, Howell, Lowery Meeks, Charles N. Pursley, Jr., Jo L. Meeks, Susan B. Forsling, for appellees.

McMURRAY, Presiding Judge.

In Funk v. Fulton County, 216 Ga. App. 30 ( 453 S.E.2d 82), we reversed the superior court's judgment based on our finding that the jury had been improperly instructed. The Supreme Court granted certiorari and reversed our decision in Fulton County v. Funk, 266 Ga. 64 ( 463 S.E.2d 883) Accordingly, our judgment in this case is vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment affirmed. Pope, P.J., and Johnson, J., concur. Smith, J., disqualified.

DECIDED JANUARY 12, 1996.