SMITH, Judge.
Appellant Klem has previously raised before this court the same issue he now raises. See Klem v. Southeast Ceramics, 150 Ga. App. 82 ( 256 S.E.2d 628) (1979). That decision controls here, adversely to appellant. Furthermore, appellee's motion for damages for a frivolous appeal is granted.
Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.
SMITH, Judge.
SUBMITTED JUNE 12, 1979 — DECIDED OCTOBER 2, 1979 — REHEARING DENIED OCTOBER 18, 1979.