Central of Georgia Railroad v. Markert

1.1 concur in the ruling in Division 1 but I am of the opinion that an explanation is in order. It is by not raising below the contention that defendants waived by delay the defense of federal preemption, that plaintiffs/appellees waived the point in this court. “Issues not raised in the court below may not be raised [here] for the first time as they present nothing to this court for decision.” Lester v. Groves, 162 Ga. App. 590, 591 (291 SE2d 785) (1982); Nodvin v. West, 197 Ga. App. 92, 95 (3a) (397 SE2d 581) (1990). The majority cites Phillips v. State Farm &c. Ins. Co., 121 Ga. App. 342…