Heritage Life Insurance Co. v. Heritage Group Holding Corp.

ON MOTION FOR REHEARING

ROWE, Justice.

The opinion of this Court of February 16, 1988, is withdrawn, and the following opinion is substituted.

After a summary judgment in favor of Heritage Group Holding Corporation (Buyer), Heritage Life Insurance Company (Seller) appeals the judgment returning $10,000 in earnest money to Buyer. Seller asserts that the trial court erred in granting Buyer’s motion for summary judgment and in denying Seller’s motion for summary judgment. Buyer asserts a “cross-point” challenging the jurisdiction of this Court based on an untimely filed cost bond.

For the reasons…