Rainwater v. Vazquez

Webb, Judge.

This is the second appearance of this case. In Rainwater v. Vazquez, 133 Ga. App. 173 (210 SE2d 380), we held that it was error for the trial court to treat defendant’s jurisdictional motion as equivalent to a motion for summary judgment, and we reversed and remanded with direction that the trial court consider the motion in accordance with Code Ann. §§ 81A-112 (d) and 81A-143(b). The trial court did so without the intervention of a jury and sustained the motion, and plaintiffs appeal. Held:

Argued June 16, 1975 Decided June 25, 1975 Rehearing denied July 16, 1975. Swift, Currie,…