Ellington v. Tolar Construction Co.

Deen, Presiding Judge.

1. The appellant does not attack the substantive merits of the summary judgment granted to the appellee; he does however attack the procedure by which that motion was brought and acted upon by the trial judge. We are cited to Summer-Minter & Associates v. Giordano, 231 Ga. 601 (203 SE2d 173) for the proposition that having once made a motion for summary judgment and lost, the appellee is precluded from again making such a motion after an appellate court affirms the denial. ".. .[S]ummary judgment is a decision upon the merits of the case, and *220once a final ruling is made…