Summary
In Shaw v. Jones, 129 Ga. App. 95 (198 S.E.2d 709) (1973), and Finnocchio v. Lunsford, 129 Ga. App. 694 (1) (201 S.E.2d 1) (1973), as in Lewis Card Co., supra, the tortious conduct at issue occurred prior to 1972, and consequently the 1972 amendment was held inapplicable.
Summary of this case from Merritt v. McCraryOpinion
47903.
ARGUED FEBRUARY 5, 1973.
DECIDED APRIL 17, 1973. REHEARING DENIED MAY 15, 1973.
Action for damages. Dougherty Superior Court. Before Judge Kelley.
Divine, Busbee Wilkin, George D. Busbee, for appellant.
Thomas Wm. Malone Assoc., Thomas Wm. Malone, Perry, Walters, Lippitt Custer, S. B. Lippett, Jr., Landau, Davis Farkas, Leonard Farkas, II, for appellees.
This is an appeal by appellant, a codefendant, from the grant of his codefendant's motions for summary judgment in a tort action which occurred in August, 1970, alleging joint and several liability. The plaintiff filed no appeal. Here, there has been no trial resulting in a judgment against the defendants and no right of contribution exists. The cases of Southeastern Erection Co. v. Flagler Co., 108 Ga. App. 831 ( 134 S.E.2d 822) and Lewis Card Co. v. Liberty Mut. Ins. Co., 127 Ga. App. 441 ( 193 S.E.2d 856) control. The motions to dismiss must be granted and the appeal is dismissed.
Appeal dismissed. Quillian, J., concurs. Deen, J., concurs in the judgment only.
ARGUED FEBRUARY 5, 1973 — DECIDED APRIL 17, 1973 — REHEARING DENIED MAY 15, 1973 — CERT. APPLIED FOR.
In concur in the judgment only for the reasons set forth in my concurrence in Lewis Card c. Co. v. Liberty Mut. Ins. Co., 127 Ga. App. 441 ( 193 S.E.2d 856).