Alpharetta, Old Milton County, Georgia Historical & Genealogical Society, Inc. v. Dowda

I concur in the judgment and in the assessment of a penalty as provided by OCGA § 5-6-6, but we need not rule on the direction of a verdict on the fraud defense, as is done in Division 1, because appellant did not enumerate it as error. See Hess Oil & Chem. Corp. v. Nash, 226 Ga. 706, 709 (177 SE2d 70); Bryant v. BMC of Ga., 188 Ga. App. 124, 125 (2) (372 SE2d 280) (1988); see also the writer’s dissents in ITT Fin. Svcs. v. Gibson, 188 Ga. App. 188, 190 (372 SE2d 468) (1988); Taylor v. State, 186 Ga. App. 113, 115 (366 SE2d 422) (1988). The only enumeration of error is that the trial court…