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Warehouse Home Furnishings Distributors, Inc. v. Davenport
Citations: 203 Ga. App. 341; 417 S.E.2d 740; 61 Fulton County D. Rep. 17; 1992 Ga. App. LEXIS 409Docket: A90A2107
Court: Court of Appeals of Georgia; March 12, 1992; Georgia; State Appellate Court
In Warehouse Home Furnishings Distributors v. Davenport, 261 Ga. 853 (413 SE2d 195, 1992), the Supreme Court narrowed the interpretation established in Blanton v. Blanton, 259 Ga. 622 (385 SE2d 672, 1989), leading to the reversal of a prior judgment from the Court of Appeals, 199 Ga. App. 33 (403 SE2d 850, 1991), which had relied on the Blanton interpretation of OCGA § 9-11-45. As a result, the Court of Appeals vacated its earlier ruling and adopted the Supreme Court's judgment. The trial court's decision was reversed, and the case was remanded for further proceedings consistent with the Supreme Court's ruling. Judges McMurray and Carley concurred with the decision.