Business Development Corp. of Georgia, Inc. v. Contestabile

Clarke, Chief Justice.

Appellant in this case contends that the trial court erred in entering a pretrial order that stated that the legal authority of Contestabile v. Business Dev. Corp. of Ga., 259 Ga. 783 (387 SE2d 137) (1990), is controlling precedent in this action and must be followed to the extent that it is in conflict with an earlier precedent, Emmons v. Burkett, 256 Ga. 855 (353 SE2d 908) (1987). Although the trial court was undoubtedly correct that the later opinion of this court would necessarily control, In re Irvin, 254 Ga. 251 (328 SE2d 215) (1985), we granted this petition for…