Legal Opinion
Franklin v. Demico, Inc.
Court of Appeals of Georgia
Decided July 15, 1986No. 72233PublishedCited by 9 opinions
1Opinion of the Court
Deen, Presiding Judge.
Defendant Franklin appeals from a bench trial judgment for plaintiff Demico. Enumerated as error are Demico’s failure to meet the burden of proof as to damages and the refusal of the trial court to direct a verdict for Franklin predicated on the same gap in the establishment of a prima facie case. Where there is a bench trial, technically a motion for directed verdict does not lie. Instead, it is treated as a motion for involuntary dismissal under OCGA § 9-11-41. Kennery v. Mosteller, 133 Ga. App. 879, 880 (212 SE2d 447) (1975).
Demico filed suit on an account. However,…
2Cases cited10 opinions
- Bead Chain Manufacturing Co. v. Saxton Products, Inc.Supreme Court of Connecticut · 1981
- Crankshaw v. Stanley Homes, Inc.Court of Appeals of Georgia · 1974
- McDaniel v. GreenCourt of Appeals of Georgia · 1980
- Williams v. KernsCourt of Appeals of Georgia · 1980
- Levy, Brother & Co. v. AllenCourt of Appeals of Georgia · 1936
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc.Court of Appeals of Georgia · 1997
- Unique Designs, Inc. v. Pittard MacHinery Co.Court of Appeals of Georgia · 1991
- E. H. Crump Co. of Georgia, Inc. v. MillarCourt of Appeals of Georgia · 1991
- Atlantech Incorporated v. American Panel CorporationCourt of Appeals for the First Circuit · 2014
- S.N.A. Nut Co. v. Haagen-Dazs Co. (In Re S.N.A. Nut Co.)United States Bankruptcy Court, N.D. Illinois · 2000
4 more not listed; retrieve them via the Exa API.