Stauffer Chemical Co. v. Pop's Top Shop, Inc.

Full title: STAUFFER CHEMICAL COMPANY v. POP'S TOP SHOP, INC. et al

Court: Court of Appeals of Georgia

Date published: Dec 1, 1976

231 S.E.2d 546 (Ga. Ct. App. 1976)

231 S.E.2d 546

Opinion

52840.

SUBMITTED OCTOBER 6, 1976.

DECIDED DECEMBER 1, 1976.

Garnishment. Clarke State Court. Before Judge Pittard.

Maley Crowe, W. Christopher Bracken, for appellant.

Cook, Noell, Bates Warnes, John S. Noell, Jr., Erwin, Epting, Gibson McLeod, E. Davison Burch, Terrell W. Benton, Jr., Lawrence F. Jones, for appellees.

BELL, Chief Judge.

This is a post-judgment garnishment proceeding to which the 1976 post-judgment garnishment statute applies. (Ga. L. 1976, pp. 1608-1629 (Code § 46-101 et seq.)). The Supreme Court in City Finance Co. v. Winston, 238 Ga. 10, held that the 1976 post-judgment garnishment statute was unconstitutional. We must therefore hold the garnishment proceeding on appeal void and of no effect. Rose, Silverman Hunt v. Ben O'Callaghan Co., 134 Ga. App. 648, 649 ( 215 S.E.2d 515). The judgment for the defendant is affirmed.

Judgment affirmed. Clark and Stolz, JJ., concur.

SUBMITTED OCTOBER 6, 1976 — DECIDED DECEMBER 1, 1976.