National Bank of Georgia v. Refrigerated Transport Co., Inc., 54668

Decision Date26 October 1977
Docket NumberNo. 54668,No. 3,54668,3
Citation239 S.E.2d 551,143 Ga.App. 661
PartiesNATIONAL BANK OF GEORGIA v. REFRIGERATED TRANSPORT COMPANY, INC
CourtGeorgia Court of Appeals

Heyman & Sizemore, William H. Major, Robert A. Bartlett, Hicks, Maloof & Campbell, Smith, Cohen, Ringel, Kohler & Martin, Ralph H. Hicks, William D. Barwick, Atlanta, for appellant.

Serby & Mitchell, Louis C. Parker, III, Atlanta, for appellee.

DEEN, Presiding Judge.

Refrigerated Transport Co., Inc. (Refrigerated), brought suit against National Bank of Georgia for conversion of checks made payable to it which the bank permitted to be cashed and deposited by United Account Systems, Inc., a collection agency.

On November 5, 1976, the jury returned a verdict for Refrigerated and awarded the company $9,397.96. Three days later, Refrigerated filed a motion for a judgment n. o. v., and for a new trial. On April 12, 1977, Refrigerated filed an amendment to its motion for a judgment n. o. v. After a hearing on Refrigerated's motion for a judgment n. o. v., the trial court entered an order granting appellee's motion and awarded it $45,289.00 less $7,699.04 which had already been paid to the company. Three days later, the court entered a nunc pro tunc order awarding appellee $8,718.32 in interest less prejudgment interest on the $7,699.04. The court, however, did not rule on appellee's motion for a new trial. This case, therefore, is not properly before this court.

CPA § 50(c)(1) (Code Ann. § 81A-150(c)(1)) provides: "If the motion for judgment notwithstanding the verdict provided for in subsection (b) of this section is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial." (Emphasis supplied.) "The purpose of the trial court's ruling upon the motion for new trial in addition to the motion for judgment n. o. v., as is apparent from subsection (c)(1), is to eliminate the necessity, should the appellate court reverse the granting of the judgment n. o. v., of remanding the case to the trial court for a ruling upon the motion for new trial, from which ruling yet another appeal could be taken, resulting in fractured appellate consideration of questions arising from the same trial." Speer v. Gemco Elevator Company, Inc., 134 Ga.App. 360, 214 S.E.2d 425.

Remanded with direction.

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4 cases
  • Sigmon v. Womack
    • United States
    • Georgia Court of Appeals
    • 6 d5 Março d5 1981
    ...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. Refrigerated Transport Co., 147 Ga.App. 240, 248 S.E.2d 496 (1978). The merit......
  • National Bank of Georgia v. Refrigerated Transport Co., Inc.
    • United States
    • Georgia Court of Appeals
    • 21 d4 Setembro d4 1978
    ...grant of a judgment notwithstanding the verdict in favor of Refrigerated Transport Co., Inc. (RTC). National Bank of Ga. v. Refrigerated Transport Co., 143 Ga.App. 661, 239 S.E.2d 551 (1977). This court held that the case was not properly before the court because the trial court had not rul......
  • Mullinax v. Shaw, 54667
    • United States
    • Georgia Court of Appeals
    • 26 d3 Outubro d3 1977
    ... ... No. 54667 ... Court of Appeals of Georgia, Division No. 3 ... Oct. 26, 1977 ... (Cits.).' " Holton Dodge, Inc. v. Baird, 118 Ga.App. 316, 317(1) (2), 163 ... Pan American Life Ins. Co. v. Carter, 57 Ga.App. 294(1) 195 S.E. 326 ... ...
  • Melton v. Elbert Sales Co., s. 73558
    • United States
    • Georgia Court of Appeals
    • 25 d2 Novembro d2 1986
    ...on the motion for new trial, the case must be remanded with direction that such a ruling be made. National Bank of Ga. v. Refrigerated Transport, 143 Ga.App. 661, 239 S.E.2d 551 (1977); McConnell v. Brenau College, 134 Ga.App. 470, 215 S.E.2d 25 As this case must be remanded with direction ......

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