McNeal Construction Company v. Wilson

Full title: McNEAL CONSTRUCTION COMPANY et al. v. WILSON

Court: Court of Appeals of Georgia

Date published: Apr 21, 2000

534 S.E.2d 154 (Ga. Ct. App. 2000)

243 Ga. App. 681

Opinion

A98A0914.

DECIDED: APRIL 21, 2000.

Action on note. Houston State Court. Before Judge Richardson.

H. David Moore, Lisa R. Coody, for appellants.

Westmoreland, Patterson Moseley, Bradley G. Pyles, Kirby R. Moore for appellee.

RUFFIN, Judge.

In McNeal Constr. Co. v. Wilson,¹ we affirmed the grant of summary judgment to Robbie Wilson, executrix of the estate of Thelma McNeal, on her claims against McNeal Construction Company and Roy McNeal. The Supreme Court reversed our decision, holding that Wilson's claims were barred by the statute of limitations.² Accordingly, our prior opinion is vacated, the judgment of the Supreme Court is made the judgment of this Court, and the trial court's ruling granting summary judgment to Wilson and denying summary judgment to the defendants is reversed.

1 235 Ga. App. 759 ( 509 S.E.2d 742) (1998).

2 McNeal Constr. Co. v. Wilson, 271 Ga. 540 ( 522 S.E.2d 222) (1999).

Judgment reversed. Pope, P.J., and Ellington, J., concur.

RUFFIN, Judge.

DECIDED APRIL 21, 2000.