PER CURIAM.
After plenary consideration of this matter, we find that Division 1 of the opinion of the Court of Appeals and the judgment rendered thereon, Cox v. Brazo, 165 Ga. App. 888 (1) ( 303 S.E.2d 71) (1983), are correct and should be affirmed.
Judgment affirmed. All the Justices concur, except Marshall, P. J., and Clarke, J., who dissent.
DECIDED SEPTEMBER 22, 1983 — REHEARING DENIED OCTOBER 18, 1983.