Turner v. Harper, 30186
| Decision Date | 02 September 1975 |
| Docket Number | No. 30186,30186 |
| Citation | 218 S.E.2d 621,234 Ga. 891 |
| Parties | J. H. TURNER et al. v. Wayne W. HARPER. |
| Court | Georgia Supreme Court |
H. Thad Crawley, Garland T. Byrd, Butler, for appellants.
Bridges & Caldwell, Richard T. Bridges, Johnnie L. Caldwell, Jr., Thomaston, for appellee.
The appellants seek a review of the denial of their second motion to set aside a summary judgment granting specific performance for the sale of real property.
This is the third appearance of this case in this court. See Turner v. Harper, 231 Ga. 175, 200 S.E.2d 748; Id., 233 Ga. 483, 211 S.E.2d 742. The first appeal was from an interlocutory order and was dismissed for failure to file the certificate of immediate review within the time allowed by Code Ann. § 6-701(a)(2). The second appeal was from an order overruling a motion to set aside the judgment of May 7, 1973, granting specific performance to appellee. After the remittitur was entered in the trial court, appellants filed a second motion to set aside urging other grounds. The enumerations of error in this case are identical, with the exception of one, to those ruled on in Turner v. Harper, 233 Ga. 483, 211 S.E.2d 742, supra.
In Perry v. McLendon, 62 Ga. 598, 604, this court said: 'No party, plaintiff or defendant, is permitted to stand his case before the court on some of its legs, and if it falls, set it up again on the rest in a subsequent proceeding, and thus evade the bar of the former judgment.' R.O.A. Motors, Inc. v. Taylor, 220 Ga. 122, 127, 137 S.E.2d 459, 462; Southern R. Co. v. Overnite Transportation Co., 225 Ga. 291, 292, 168 S.E.2d 166.
This court in Turner v. Harper, 233 Ga. 483, 211 S.E.2d 742, supra, affirmed the denial of the motion to set aside this same judgment made by these same appellants and the judgment of the trial court denying this second motion to set aside such judgment shows no error.
Judgment affirmed.
All the Justices concur.
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Grant v. State
...second appeal will be allowed. Cox v. Hillyer, 65 Ga. 57(1); Harris v. Roan, 119 Ga. 379(1), 46 S.E. 433; see also Turner v. Harper, 234 Ga. 891, 218 S.E.2d 621; see generally 24 C.J.S. 971 Criminal Law, § 1633. Two exceptions are noted--an extraordinary motion for new trial and habeas corp......
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Claxton v. Adams
...("absent special circumstances, an appellate court need not consider arguments raised for the first time on appeal"); Turner v. Harper , 234 Ga. 891, 218 S.E.2d 621 (1975) ("No party, plaintiff or defendant, is permitted to stand his case before the court on some of its legs, and if it fall......
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Claxton v. Adams
...("absent special circumstances, an appellate court need not consider arguments raised for the first time on appeal"); Turner v. Harper , 234 Ga. 891, 218 S.E.2d 621 (1975) ("No party, plaintiff or defendant, is permitted to stand his case before the court on some of its legs, and if it fall......
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Crawford v. First Nat. Bank of Columbus, 67400
...for appellee. POPE, Judge. The issue raised by this appeal is controlled adversely to appellant by the holding in Turner v. Harper, 234 Ga. 891, 218 S.E.2d 621 (1975). See also OCGA § 9-11-60(f)(Code Ann § 81A-160); McCarthy v. Holloway, 245 Ga. 710, 711, 267 S.E.2d 4 (1980); Willis v. Cent......