Cantrell v. Board of Trustees of Emp. Retirement System of Georgia
Decision Date | 09 July 1976 |
Docket Number | No. 30373,30373 |
Citation | 237 Ga. 287,227 S.E.2d 379 |
Parties | Clyde T. CANTRELL, Jr. v. BOARD OF TRUSTEES OF the EMPLOYEES RETIREMENT SYSTEM OF GEORGIA. |
Court | Georgia 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.
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: 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.
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