Community Ed. Center, Inc. v. Cohen, 61228

Decision Date08 April 1981
Docket NumberNo. 61228,61228
Citation158 Ga.App. 456,280 S.E.2d 839
CourtGeorgia Court of Appeals

B. T. Edmonds, Ayres Gardner, Atlanta, for appellant.

Clayton Jones, Jr., Albany, for appellees.

SHULMAN, Presiding Judge.

Appellees began this case by filing a dispossessory warrant alleging that appellant had not paid rent. Appellant answered and filed counterclaims. A procedural battle then began, a battle only partly documented in the record. A trial was held, but the judgment entered on a verdict directed for appellees was reversed by this court in 151 Ga.App. 77, 258 S.E.2d 742. After the return of the case to the trial court, the procedural maneuvers continued. The trial court granted a petition by appellees to increase the amount of rent paid into the registry of the court. Upon appellant's failure to comply with that order, the trial court issued to appellees a writ of possession. When the case subsequently was called for a pre-trial conference, the trial court ruled that the writ of possession was a final order mooting any remaining issues. Appellant has enumerated as error the trial court's denial of appellant's right to trial, the denial of appellant's motion to transfer the case to superior court, and the granting of appellees' petition to increase the rent and disburse to appellees the amounts paid into the court. Our review of the case compels us to the decision that substantial error, requiring reversal, was committed.

1. Appellant's claim that the trial court erroneously denied appellant the right to a trial is well taken. Although appellees remark in their brief that the counterclaims have been dismissed, and there are other references in pleadings to various dispositions of those claims, there is no dismissal or transfer or other disposition on the record. It follows, then, regardless of the appropriateness of the issuance of the writ of possession, that the trial court erred in ruling that the case was concluded by the writ of possession. So far as may be determined from the record, there are still claims pending for which a jury trial has been demanded. Appellant has been erroneously denied a trial at which it may prosecute the claims it has against appellees.

2. The second enumeration is based on an allegation that the trial court denied appellant's motion to transfer the entire case to the superior court. That assertion is not supported by the record. A motion to transfer appears in the record, but there is no disposition of that motion. Since appellant has not shown that the motion was denied, there is no decision to be reviewed.

3. Appellant's third enumeration of error concerns the trial court's decision raising the rent to be paid into the registry of the court and the court's order that the rental payments be disbursed to appellees as made. We agree...

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2 cases
  • Georgia Intern. Life Ins. Co. v. Harden
    • United States
    • Georgia Court of Appeals
    • May 4, 1981
  • Hipple v. Simpson Paper Co., No. A98A1416
    • United States
    • Georgia Court of Appeals
    • September 11, 1998
    ...this court to pass on in that respect." Quigley v. Quigley, 239 Ga. 250, 251(1), 236 S.E.2d 603 (1977); Community Ed. Ctr. v. Cohen, 158 Ga.App. 456, 457(2), 280 S.E.2d 839 (1981). We may not address issues on appeal which were not addressed by the trial court. White v. KFC Nat. Mgmt. Co., ......

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