Legal Opinion · Dissent

Chastain Place, Inc. v. Bank South, N. A.

Court of Appeals of Georgia

Decided December 3, 1987No. 74972, 74973Published

1DissentBeasley, Judge

I respectfully dissent with respect to Division 2, although I concur in the dismissal effected by Division 1.

To prevail on appeal, the appellants must show some harm even if they show error. Glass v. State, 235 Ga. 17, 19 (2) (218 SE2d 776) (1975); Murray v. Stratford, 181 Ga. App. 592 (1) (353 SE2d 85) (1987).

Appellants thrice had notice of the confirmation hearing: mailed service of the application pursuant to OCGA § 9-11-5 (b) upon attorney for the appellants, who had initiated the lawsuit originally; service of the Request for Oral Argument which clearly included it; publication of the…

2Cases cited6 opinions

  1. First National Bank & Trust Co. v. KunesSupreme Court of Georgia · 1973
  2. First National Bank & Trust Co. v. KunesCourt of Appeals of Georgia · 1973
  3. Glass v. StateSupreme Court of Georgia · 1975
  4. Goodman v. NadlerCourt of Appeals of Georgia · 1966
  5. Henry v. Hiwassee Land Co.Supreme Court of Georgia · 1980

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