Rush v. Southern Property Management, Inc.

Decision Date11 March 1970
Docket NumberNo. 1,45263 and 45264,Nos. 45180-45237,s. 45180-45237,1
Citation173 S.E.2d 744,121 Ga.App. 360
PartiesJ. T. RUSH v. SOUTHERN PROPERTY MANAGEMENT, INC., et al., and 57 related cases. Donald WHEAT v. BOLTON GARDEN APARTMENTS, INC., et al. J. HUNTER v. SUTHERN PROPERTY MANAGEMENT, INC., et al
CourtGeorgia Court of Appeals

Robert Dokson, Michael Terry, Michael D. Padnos, Atlanta, for appellants.

William H. Schroder, Sr., Allen E. Lockerman, Atlanta, for appellees.

Syllabus Opinion by the Court

WHITMAN, Judge.

These numerous appeals are taken by tenants of a large apartment complex who sought in the court below to arrest dispossessory warrant proceedings instituted against them as authorized by the Georgia eviction statute. The objections consist of a direct attack on the constitutionality of Code Ann. §§ 61-303, 61-305 and objections to certain orders of the trial court entered during the course of the litigation. Held:

1. The enumerations of error concerning the constitutionality of Code Ann. §§ 61-303 and 61-305 present nothing for review as the Supreme Court has settled these contentions adversely to appellants in State of Georgia v. Sanks, 225 Ga. 88, 166 S.E.2d 19.

2. The remaining three enumerations of error are also without merit. These all relate to the order of the trial court permitting the appellants to continue in possession of the premises and requiring the appellant tenants to pay into the registry of the court 'rent as it becomes due * * * and all rent now due.' Shortly after signing this order, the trial court vacated it and still later, pursuant to appellees' motion, the court ordered the disbursement of the rentals held in the registry to the appellees.

(a) Appellants now contend that the original order of court concerning the paying of rent into the court was erroneously entered as there is no authorization for this procedure under the law of this State. We agree that there is no authority under the statute for this procedure. However, it is readily apparent from the records in these cases that appellants affirmatively sought this relief as a means to avoid the statutory requirement of posting the doublerent bond in order to arrest the dispossessory proceedings. Also, on oral argument of these cases, counsel for appellants conceded that this order was obtained in an ex parte appearance before the trial judge, who signed it after making some changes in the draft submitted by counsel. Whether changed or not, the order was singed at the request of those now objecting to its validity. This cannot be done. One cannot complain of a judgment, order, or ruling that his own procedure or conduct aided in causing. Don v. Don, 162 Ga. 240, 133 S.E. 242; Wallis v. Watson, 184 Ga. 38, 190 S.E. 360; Bennett v. Bennett, 210 Ga. 721, 82 S.E.2d 653; Henley v. Henley, 217 Ga. 612, 124 S.E.2d 86. Furthermore, any error in the order is harmful only to the appellees as they have been denied the...

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18 cases
  • West v. Nodvin
    • United States
    • United States Court of Appeals (Georgia)
    • September 10, 1990
    ..."[o]ne cannot complain of a judgment, order, or ruling that his own procedure or conduct aided in causing." Rush v. Southern Prop. Mgmt., 121 Ga.App. 360, 361(2)(a), 173 S.E.2d 744. Appellant's second and third enumerations of error are without 4. Appellant asserts that the trial court "err......
  • Freeman v. State, s. A90A0449
    • United States
    • United States Court of Appeals (Georgia)
    • March 15, 1990
    ...no issue as to these matters for our review. Whisnant v. State, 178 Ga.App. 742, 744, 344 S.E.2d 536; Rush v. Southern Property Mgmt., 121 Ga.App. 360, 361, 173 S.E.2d 744. III. Case No. 12. Appellant asserts that the trial court erred in failing to grant his oral motion to dismiss on the g......
  • Mathis v. State, A89A0998
    • United States
    • United States Court of Appeals (Georgia)
    • September 8, 1989
    ...objection. One cannot complain of a judgment, order, or ruling that his own procedure or conduct has caused. Rush v. Southern Property Mgmt., 121 Ga.App. 360(2)(a), 173 S.E.2d 744. Induced error is impermissible. Edwards v. State, 235 Ga. 603(2), 221 S.E.2d 4. Appellant asserts that the tri......
  • Blakely & Son, Ltd. v. Humphreys, 56576
    • United States
    • United States Court of Appeals (Georgia)
    • December 1, 1978
    ...105 S.E.2d 224. Moreover, one cannot complain of a judgment that by his own agreement he has aided in causing. Rush v. Southern Property Mgt., 121 Ga.App. 360, 361, 173 S.E.2d 744. Thus, we will determine only whether the order as actually signed and entered and as limited by the trial cour......
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