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Baxley Veneer & Clete Co. v. Maddox
Citations: 202 Ga. App. 570; 415 S.E.2d 197; 1992 Ga. App. LEXIS 92Docket: A90A1525, A90A1526
Court: Court of Appeals of Georgia; January 27, 1992; Georgia; State Appellate Court
A judgment was entered at 198 Ga. App. 235 (401 SE2d 282, 1990), reversing the trial court's ruling. The court upheld the denial of the appellants’ motion for a directed verdict but found error in not providing requested jury instructions on part performance, warranting a new trial. Additionally, it ruled that the trial court did not err in presenting the attorney fees issue to the jury. However, the Supreme Court in Baxley Veneer &c. Co. v. Maddox, 261 Ga. 309 (404 SE2d 554, 1991), reversed this decision, determining that the trial court had erred in both denying the directed verdict and allowing attorney fees to be presented to the jury. Consequently, the prior decision in Case No. A90A1525 is vacated, and the Supreme Court's ruling is adopted as the judgment of this court. The decision in Case No. A90A1526 remains unaffected and is reaffirmed. The judgment is reversed in Case No. A90A1525 and affirmed in Case No. A90A1526, with concurrence from Birdsong, P.J., and Judge Arnold Shulman. Representation for the appellee was provided by the Law Office of Barnard M. Portman, Paul H. Felser.