Legal Opinion

Borden, Inc. v. Barker

Court of Appeals of Georgia

Decided June 22, 1971No. 46063Published

1Opinion

*295On Motion for Rehearing.

On motion for rehearing appellant contends that this court should direct the entry of a partial grant of the motion for summary judgment for the period April 1966 through March 1969. The motion for summary judgment in this case set out that there was no genuine issue as to any material fact and thus sought a grant as to the whole case. The enumeration of error likewise was with regard to a summary judgment in toto and made no mention of any partial recovery. In Smith v. Allen, 115 Ga. App. 80, 81 (153 SE2d 648), this court held: "As plaintiff has failed to enumerate…

2Cases cited2 opinions

  1. Ireland v. MatthewsCourt of Appeals of Georgia · 1969
  2. Smith v. AllenCourt of Appeals of Georgia · 1967

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