Mullinax v. Singleton, 52693
| Decision Date | 29 September 1976 |
| Docket Number | No. 52693,No. 3,52693,3 |
| Citation | 229 S.E.2d 518,139 Ga.App. 704 |
| Court | Georgia Court of Appeals |
| Parties | C. A. MULLINAX v. E. R. SINGLETON |
James E. Howard, Charles A. Mullinax, Stone Mountain, for appellant.
Dennis C. O'Brien, Marietta, for appellee.
E. R. Singleton brought suit against C. A. Mullinax seeking to recover the balance of a contract price for certain construction work on defendant's home. The defendant answered and counterclaimed on the grounds that due to the plaintiff's failure to properly perform the home improvement work the defendant was damaged. After the utilization of various discovery procedures, the case was tried before a jury which returned a verdict in favor of the defendant for '0 dollars.' From the judgment entered on the verdict, the defendant appeals. Held:
1. Since the case has already been tried, the enumeration of error complaining of the denial of defendant's motion for summary judgment is not meritorious. Patterson v. Castellaw, 119 Ga.App. 712, 718, 168 S.E.2d 838; John L. Hutcheson &c. Hospital v. Oliver, 120 Ga.App. 547(2), 171 S.E.2d 649; Hiller v. Culbreth, 139 Ga.App. 351, 228 S.E.2d 374; Hill v. Willis, 224 Ga. 263(2), 161 S.E.2d 281.
2. Under the circumstances here, we find no error harmful to the defendant in refusing to direct a verdict against the plaintiff's claim for attorney fees.
3. The verdict was not without evidence to support it.
4. The remaining enumerations of error are without merit.
Judgment affirmed.
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...of the denial of (Georgia Farmers' Market's) motion for summary judgment is not meritorious. (Cits.)" Mullinax v. Singleton, 139 Ga.App. 704(1), 229 S.E.2d 518 (1976). 2. The owner or occupier of land is under a duty to invitees to discover and either keep the premises safe from or warn of ......
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...error complaining of the denial of [Colonial Penn's] motion for summary judgment is not meritorious. [Cits.]" Mullinax v. Singleton, 139 Ga.App. 704, 705(1), 229 S.E.2d 518 (1976). Accord, Ga. Farmers' Market Auth. v. Dabbs, 150 Ga.App. 15, 16 (1), 256 S.E.2d 613 2. Colonial Penn enumerates......
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Crestlawn Memorial Park v. Scott, 55555
...upon the same issues leading to the verdict and judgment. Hiller v. Culbreth,139 Ga.App. 351, 228 S.E.2d 374; Mullinax v. Singleton, 139 Ga.App. 704, 705, 229 S.E.2d 518. 5. In view of our previous rulings in this case, the remaining enumerations of error are all without Judgment affirmed. ......