Legal Opinion · Dissent

Cantrell v. Board of Trustees of the Employees' Retirement System

Court of Appeals of Georgia

Decided June 23, 1975No. 50243Published

1DissentDeen, Presiding Judge

I fully concur in all the legal reasoning and conclusions of Judge Evans’ dissent.. However, as the writer df the original opinion in this case (in which there was unanimous agreement that a reversal in favor of the employee was demanded on the merits) I am distressed to find tbe case now being tossed out or dismissed on a technicality which I feel to be patently in error on two counts. First, certiorari is a proper remedy. Secondly, even if it were not we have no power to change the law of this case as established by this court on its former appearance.

Law of the Case. Let us first get…

2Cases cited4 opinions

  1. South View Cemetery Association v. HaileySupreme Court of Georgia · 1945
  2. Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
  3. Cantrell v. StateCourt of Appeals of Georgia · 1973
  4. State v. CantrellSupreme Court of Georgia · 1974

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