Southerland v. Dalton Paving & Construction, Inc.

While I concur fully with the other dissent filed, it should be noted that two of the four cases relied upon by the majority are only physical precedents, persuasive but not binding upon this court, to wit: Atkinson v. Kirchoff Enterprises, 181 Ga. App. 139, 140 (351 SE2d 477) (1986) (whole court vote of three judges concurring, two judges concurring specially, and 4 judges dissenting); and Fort v. Boone, 166 Ga. App. 290 (304 SE2d 465) (1983) (two judges concurring and the author of the majority in the case sub judice concurring in the judgment only). The status of the latter two cases…