Holbrook v. General Electric Capital Corp.

On Motion for Rehearing.

On motion for rehearing appellee General Electric Capital Corporation contends that we have overlooked our holding in Atlanta Truck Svc. v. Assoc. &c. Corp., 146 Ga. App. 170, 173 (2) (246 SE2d 2) (1978), and asserts that under that opinion, no ruling upon its petition for writ of possession could legally have been issued by the trial court in the August 1989 order until appellant’s claim for moving expenses had been paid, so that the denial of the writ therein was void and thus did not serve as a bar under the doctrine of res judicata to appellee’s subsequent petition…