Cantrell v. Board of Trustees of Emp. Retirement System of Georgia

Decision Date09 July 1976
Docket NumberNo. 30373,30373
Citation237 Ga. 287,227 S.E.2d 379
PartiesClyde T. CANTRELL, Jr. v. BOARD OF TRUSTEES OF the EMPLOYEES RETIREMENT SYSTEM OF GEORGIA.
CourtGeorgia Supreme Court

G. Hughel Harrison, Thomas J. Andersen, Lawrenceville, for appellant.

Arthur K. Bolton, Atty. Gen., Carl C. Jones, Asst. Atty. Gen., Atlanta, for appellee.

PER CURIAM.

This court by a divided vote granted an application for a writ of certiorari to the Court of Appeals in this case. See the decision and judgment of the Court of Appeals: Cantrell v. Board of Trustees, 135 Ga.App. 445, 218 S.E.2d 97 (1975).

We affirm the decision and judgment of the Court of Appeals.

The trial judge in Fulton Superior Court heard and determined this case on its merits. He did not dismiss the petition for a writ of certiorari to an inferior tribunal on the procedural ground alluded to in the opinion of the Court of Appeals. The Court of Appeals acknowledged this: 'The judgment of the Superior Court of Fulton County decided the case on the merits and dismissed the petition for writ of certiorari (R. 115-118). That judgment was correct. The superior court did not dismiss the petition for certiorari on the grounds stated above.' P. 451, 218 S.E.2d p. 101.

In reviewing the judgment of the Court of Appeals, we have also reviewed the decision and judgment entered by the trial judge in the superior court. We conclude that the trial judge's judgment was supported by the evidence, that the issues presented were decided on their merits, and the judgment that he entered was correct.

We also think that the decision of the Court of Appeals, though rendered on the procedural issue, was correct.

We now conclude that we improperly granted the application for the writ, but since we did grant it and have reviewed the entire record, we not affirm the judgment.

Judgment affirmed.

All the Justices concur, except HILL, J., who is disqualified.

To continue reading

Request your trial
3 cases
  • Orkin Exterminating Co., Inc. v. Pelfrey, 31151
    • United States
    • Georgia Supreme Court
    • July 9, 1976
    ... ... No. 31151 ... Supreme Court of Georgia ... July 9, 1976 ... Rehearing Denied July 20, ... ...
  • Georgia Farm Bureau Mut. Ins. Co. v. DeKalb County, 66175
    • United States
    • Georgia Court of Appeals
    • July 15, 1983
    ...146 Ga.App. 574, 575, 246 S.E.2d 693. See also Cantrell v. Board of Trustees etc. of Ga., 135 Ga.App. 445, 218 S.E.2d 97, affd. 237 Ga. 287, 227 S.E.2d 379; Brockett v. Maxwell, 73 Ga.App. 663, 38 S.E.2d 176, and cases cited therein. Under these facts, we cannot conclude that the hearing be......
  • Brown v. State Merit System of Personnel Administration
    • United States
    • Georgia Supreme Court
    • February 19, 1980
    ...Cantrell v. Board of Trustees of the Employees Retirement System of Ga., 135 Ga.App. 445(1), 218 S.E.2d 97 (1975), affd. 237 Ga. 287, 227 S.E.2d 379 (1976). Likewise, we find no merit in appellants' enumeration of error that their involuntary demotions conflict with the prohibition against ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT