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Lawskills.com Georgia Caselaw
RICH v. STRICKLAND.
66519.
DEEN, Presiding Judge.
Damages, etc. Brooks Superior Court. Before Judge Elliott.
This pro se appeal, filed March 10, 1983, is directed to the amended order granting appellee's motion for partial summary judgment and denying appellant's motion for summary judgment, rather than from the final verdict and judgment, although the enumerations of error are concerned with "charges" of the trial court. The appellee has filed a motion to dismiss on the ground that the intermediate order appealed from is moot because of the subsequent final judgment (OCGA 5-6-48 (b) (2) (Code Ann. 6-809)); and because no certificate of immediate review was taken as required by OCGA 5-6-34 (b)(Code Ann. 6-701) as to appeal from the denial of a motion for summary judgment. Held:
We affirm. The grant of partial summary judgment to appellee on the issue of damages was mandated by the venerable "horse and buggy rule" against double recovery, that "loss of use" damages are permissible only where the vehicle is repairable. Summerfield v. DeCinque, 143 Ga. App. 351 (3) (238 SE2d 712) (1977). As to denial of appellant's motion for summary judgment, " '[a]fter verdict and judgment, it is too late to review a judgment denying a summary judgment for that judgment becomes moot when the court reviews the evidence upon the trial of the case. (Cits.)' " Mallory Realty Co. v. Jones, 163 Ga. App. 6, 7 (1) (292 SE2d 463) (1982).
O. Wayne Ellerbee, for appellee.
William Rich, pro se.
DECIDED SEPTEMBER 6, 1983 -- REHEARING DENIED SEPTEMBER 22, 1983.
Thursday May 21 20:12 EDT


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