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Sea Tow/Sea Spill v. Phillips

Citations: 265 Ga. App. 234; 593 S.E.2d 711; 2004 Fulton County D. Rep. 348; 2004 Ga. App. LEXIS 74Docket: A01A1634

Court: Court of Appeals of Georgia; January 20, 2004; Georgia; State Appellate Court

Narrative Opinion Summary

The Supreme Court granted certiorari in the case of Sea Tow/Sea Spill of Savannah, affirming the judgment but reversing the conclusion that Sea Tow/Sea Spill could pursue an in personam salvage action in a Georgia court. Consequently, Division 2 of the prior opinion is vacated, and the Supreme Court's judgment is adopted as authoritative. The remaining portions of the opinion were not addressed by the Supreme Court and thus remain in effect. The judgment is reversed, with Judges Blackburn and Adams concurring.

Legal Issues Addressed

Certiorari and Review by the Supreme Court

Application: The Supreme Court granted certiorari to review the case and affirmed the judgment while reversing a specific conclusion regarding in personam salvage actions.

Reasoning: The Supreme Court granted certiorari in the case of Sea Tow/Sea Spill of Savannah, affirming the judgment but reversing the conclusion that Sea Tow/Sea Spill could pursue an in personam salvage action in a Georgia court.

Effect of Supreme Court Rulings on Lower Court Opinions

Application: The Supreme Court's ruling vacated Division 2 of the prior opinion, making its judgment authoritative on that issue.

Reasoning: Consequently, Division 2 of the prior opinion is vacated, and the Supreme Court's judgment is adopted as authoritative.

Preservation of Lower Court Rulings Not Addressed by the Supreme Court

Application: Portions of the lower court's opinion not addressed by the Supreme Court remain valid and effective.

Reasoning: The remaining portions of the opinion were not addressed by the Supreme Court and thus remain in effect.