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Vester v. Mug A Bug Pest Control, Inc.

Citations: 236 Ga. App. 554; 512 S.E.2d 681; 99 Fulton County D. Rep. 983; 1999 Ga. App. LEXIS 258Docket: A98A0531

Court: Court of Appeals of Georgia; February 19, 1999; Georgia; State Appellate Court

Narrative Opinion Summary

In Mug A Bug Pest Control v. Vester, 270 Ga. 407 (1999), the Supreme Court reversed the previous ruling from the Court of Appeals in Vester v. Mug A Bug Pest Control, 231 Ga. App. 644 (1998). The Court vacated its earlier decision and adopted the Supreme Court's opinion, remanding the case to the trial court for proceedings that align with the Supreme Court's ruling. The judgment was reversed, with Judges McMurray and Blackburn concurring.

Legal Issues Addressed

Judicial Concurrence

Application: Judges McMurray and Blackburn expressed their agreement with the Supreme Court's decision to reverse the judgment, demonstrating judicial concurrence in the appellate process.

Reasoning: The judgment was reversed, with Judges McMurray and Blackburn concurring.

Remand for Further Proceedings

Application: The case was remanded to the trial court to conduct further proceedings consistent with the Supreme Court's opinion, indicating that the trial court must now follow the directives provided by the higher court.

Reasoning: The Court vacated its earlier decision and adopted the Supreme Court's opinion, remanding the case to the trial court for proceedings that align with the Supreme Court's ruling.

Reversal of Lower Court Decision

Application: The Supreme Court reversed the judgment of the Court of Appeals, thereby nullifying its previous decision and requiring the case to be reconsidered in light of the Supreme Court's opinion.

Reasoning: The Supreme Court reversed the previous ruling from the Court of Appeals in Vester v. Mug A Bug Pest Control, 231 Ga. App. 644 (1998).