Stone v. Williams General Corp.

Full title: STONE et al. v. WILLIAMS GENERAL CORPORATION

Court: Court of Appeals of Georgia

Date published: Feb 14, 2007

642 S.E.2d 211 (Ga. Ct. App. 2007)

283 Ga. App. 581

Opinion

No. A03A1813.

DECIDED FEBRUARY 14, 2007.

RICO. Gwinnett Superior Court. Before Judge Hamil.

Dwyer White, William W. White, for appellants.

Andrew, Merritt, Reilly Smith, Paul E. Andrew, for appellee.

Boone Stone, William S. Stone, Antoinette D. Johnson, Arthur W. Leach, amici curiae.

RUFFIN, Judge.

In Stone v. Williams Gen. Corp.,¹ we reversed the trial court, concluding that a RICO conspiracy cannot exist between a corporation and its officer because a corporation is not a "person" within the meaning of the Georgia RICO statute. The Supreme Court granted certiorari and reversed, holding that "a corporation is a `person' for purposes of the Georgia civil RICO act."² Accordingly, we vacate our earlier opinion and adopt the judgment of the Supreme Court as our own. The case is remanded to the trial court for entry of a judgment consistent with this opinion.

1 275 Ga. App. 33 ( 619 SE2d 752) (2005).

2 See Williams Gen. Corp. v. Stone, 280 Ga. 631 ( 632 SE2d 376) (2006).

Judgment vacated and case remanded. Smith, P. J., and Miller, J., concur.

RUFFIN, Judge.

DECIDED FEBRUARY 14, 2007.