Marsh v. Way

255 Ga. 284 (1985)

336 S.E.2d 795

MARSH

v.

WAY.

42059.

Supreme Court of Georgia.

Decided December 3, 1985.

Reconsideration Denied December 19, 1985.

Dickey, Whelchel, Brown & Readdick, Richard A. Brown, Jr., John E. Bumgartner, for appellant.

Orion L. Douglass, for appellee.

BELL, Justice.

This case is here on certiorari from the Court of Appeals. See Marsh v. Way, 173 Ga. App. 399 (326 SE2d 499) (1985). The facts of the case are well-stated in the Court of Appeals' opinion, and will only be reiterated here in relevant part.

1. The first issue to be resolved is the propriety of the Court of Appeals'…