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NORMAN v. NATIONWIDE CREDIT, INC.

CARLEY, Presiding Judge.

Appellee-plaintiff brought suit, seeking damages based upon allegations that appellant-defendant had breached a covenant not to compete. The case was tried before a jury and a verdict "in the amount of $0" was returned. It is from the judgment entered on this verdict that appellant appeals.

Appellant does not have standing to appeal because "`[t]he jury verdict for zero damages ... was a judgment for [appellant]. (Cit.)' [Cit.]" (Emphasis supplied.) Gielow v. Strickland, 185 Ga. App. 85, 87 (4) ( 363 S.E.2d 278) (1987). See also Benton v. Wesley Machinery, 191 Ga. App. 334, 335 (1) ( 381 S.E.2d 577) (1989). "`(S)ince no damages were assessed against [appellant] he was absolved from any liability in the case. (Cits.)' [Cit.]" Palmer v. Barnes, 193 Ga. App. 105 ( 387 S.E.2d 44) (1989). "`"A party not aggrieved by the judgment of the trial court is without legal right to except thereto, since he has no just cause of complaint." (Cit.)' [Cit.] The appeal is accordingly dismissed. [Cit.]" Morgan v. Miller, 191 Ga. App. 803, 804 ( 383 S.E.2d 183) (1989).

Appeal dismissed. Beasley, J., and Judge Arnold Shulman concur.

DECIDED JANUARY 22, 1992 — RECONSIDERATION DENIED FEBRUARY 10, 1992 — CERT. APPLIED FOR.
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NORMAN v. NATIONWIDE CREDIT, INC
(Jan 22, 1992)