Legal Opinion · Concurrence

Chaparral Boats, Inc. v. Heath

Court of Appeals of Georgia

Decided August 3, 2004No. A04A0981Published

1ConcurrenceBarnes, Judge

While I agree with the result reached by the majority in this case and in Division 2,1 do not agree with all that is said. In this case, the superior court misapplied the holding in Johnson v. Publix Supermarkets, 256 Ga. App. 540 (568 SE2d 827) (2002), which is physical precedent only, because a majority of judges did not fully concur with all that is said.2 A Court of Appeals opinion in which less than a majority of the Court concurs fully merely decides the issues in that case and is not binding precedent. State v. Smith, 242 Ga. App. 295, 296 (529 SE2d 423) (2000); Smith v. Morris,…

2Cases cited6 opinions

  1. National Fire Insurance Company v. EdwardsCourt of Appeals of Georgia · 1979
  2. Orkin Exterminating Co., Inc. v. WrightCourt of Appeals of Georgia · 1955
  3. Johnson v. Publix SupermarketsCourt of Appeals of Georgia · 2002
  4. Smith v. Morris, Manning & Martin, LLPCourt of Appeals of Georgia · 2002
  5. Prudential Bank v. MooreCourt of Appeals of Georgia · 1996

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