BURNETT v. AMERICAN MUTUAL LIABILITY INSURANCE CO

Citation Codes

Equivalent Citations

citation codes

Docket Number

55876, 55877.

Attorney(S)

George E. Duncan, Jr., Barry L. Roseman, for appellant (Case No. 55876). Frank E. Jenkins, III, Hugh E. Wright, John W. Greenfield, Mead Burns, for appellees (Case No. 55876). Frank E. Jenkins, III, for appellant (Case No. 55877). George E. Duncan, Jr., Barry L. Roseman, Hugh E. Wright, John W. Greenfield, Mead Burns, for appellees (Case No. 55877).

Judges

SHULMAN, Judge.

See more information ...

Smart Summary

Please sign up to generate summary.

BURNETT v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al.; and

SHULMAN, Judge.

We granted cross appellee Burnett's second motion for rehearing to reconsider the opinion (reported as Burnett v. Am. Mut c. Ins. Co., 147 Ga. App. 269 ( 248 S.E.2d 510)) in light of Culwell v. Lomas Nettleton Co., 242 Ga. 242 ( 248 S.E.2d 641). Since that time, another panel of this court has considered the situation presented in our prior opinion. See Mixon v. Terminal Transport Employees Fed. Credit Union, 149 Ga. App. 429, post. Mixon controls this case.

Accordingly, it is hereby ordered that the prior opinion be vacated and that, under the authority of Mixon, the appeal be dismissed as premature in Case No. 55876, and judgment reversed in Case No. 55877.

Appeal dismissed in Case No. 55876; judgment reversed in Case No. 55877. Quillian, P. J., and Birdsong, J., concur.

DECIDED MARCH 2, 1979.

BURNETT v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al.; and

Comments