King v. Schaeffer

I concur in the judgment reached in this case, but cannot agree with the statement contained in Division 2 of the opinion that the mere denial of a summary judgment “precludes re-adjudication [on the trial] of those [issues] not expressly ruled on where the evidence is substantially the same.” Under the federal rules there can ordinarily be no judicial review of the denial of a summary judgment, and because of this, there is no law of the case established thereby. While the federal decisions in this area may not be altogether applicable, since under the Georgia practice a review can be had,…