Marsden v. Southeastern Sash & Door Co.

I concur in the judgment, in Division 2, and in the result reached by the majority in Division 1. I write specially because I cannot agree with all that is said by the majority in Division 1.

I note initially that I understand fully the reasoning of the majority in light of the Supreme Court’s recent holdings in Centennial Ins. *600Co. v. Sandner, Inc., 259 Ga. 317 (380 SE2d 704) (1989) and McClure v. Gower, 259 Ga. 678 (385 SE2d 271) (1989) relying in part on OCGA § 5-6-37’s provision that “[a] 11 parties to the proceedings in the lower court shall be parties on appeal.” I must note, however,…