Gardner v. Villa Monte Homes, Inc.

Benham, Judge.

Appellants sued appellees and the Housing Authority of the City of Atlanta for damages arising from the drowning death of Mrs. Gardner’s two daughters. On appeal from a judgment in appellants’ favor, this court reversed with direction that a new trial be granted to the Housing Authority and that judgment n.o.v. be granted to the other two defendants, the appellees in the present appeal. Upon the return of the remittitur to the trial court, appellees moved for a judgment against appellants for the costs of the appeal. The motion, based on OCGA § 5-6-5 and on this court’s decision…