McConnell v. Brenau College, 51162

Decision Date12 September 1975
Docket NumberNo. 2,No. 51162,51162,2
Citation218 S.E.2d 464,135 Ga.App. 711
PartiesMrs. P. E. McCONNELL, Sr. v. BRENAU COLLEGE
CourtGeorgia Court of Appeals

Telford, Stewart & Stephens, Charles W. Stephens, William H. Blalock, Jr., Gainesville, for appellant.

James A. Dunlap, George L. Simpson, III, Gainesville, for appellee.

QUILLIAN, Judge.

On a prior appearance of this case, appeal was taken from the grant of a judgment notwithstanding the verdict for the defendant. See McConnell v. Brenau College, 134 Ga.App. 470, 215 S.E.2d 25. There, this court remanded the case to the trial court with direction that the alternative motion for a new trial be ruled on as provided in Code Ann. § 81A-150(c)(1) (Ga.L.1966, pp. 609, 656; 1967, pp. 226, 237, 247, 248). See Speer v. Gemco Elevator Co., 134 Ga.App. 360, 214 S.E.2d 425. On remand, the trial judge entered a new order which, after reciting the facts and conclusions of law on which the ruling was based, granted the defendant's motion for judgment notwithstanding the verdict and further granted the defendant's alternative motion for new trial. The plaintiff appeals to this court from the grant of the motion for new trial and enumerates as error the grant of the motion for new trial. No where is any point made or any error enumerated as to the grant of the motion for judgment notwithstanding the verdict. It is clear in such situations that a ruling upon the grant of the motion for new trial would be a useless act, for, for no attack is made on the grant of the motion for judgment notwithstanding the verdict.

Appeal dismissed.

PANNELL, P.J., and CLARK, J., concur.

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2 cases
  • Sigmon v. Womack
    • United States
    • Georgia Court of Appeals
    • 6 d5 Março d5 1981
    ...of law. Cited in this regard are: Speer v. Gemco Elevator Co., 134 Ga.App. 360, 214 S.E.2d 425 (1975); McConnell v. Brenau College, 135 Ga.App. 711, 218 S.E.2d 464 (1975); Nat. Bank of Ga. v. Refrigerated Transport Co., 143 Ga.App. 661, 239 S.E.2d 551 (1977). See also Nat. Bank of Ga. v. Re......
  • National Bank of Georgia v. Refrigerated Transport Co., Inc.
    • United States
    • Georgia Court of Appeals
    • 21 d4 Setembro d4 1978
    ...direction that the lower court rule upon the alternative motion for a new trial. When the case reappeared as McConnell v. Brenau College 135 Ga.App. 711, 218 S.E.2d 464 (1975), the trial court had vacated the prior order and entered a new order containing findings of fact and conclusions of......

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