Opinion
50604.
SUBMITTED MAY 5, 1975.
DECIDED MAY 23, 1975.
Action for damages. Haralson Superior Court. Before Judge Murphy.
Word, Nicholson Cook, Reuben M. Word, for appellants.
Trauner, King Cohen, Kevin S. King, for appellee.
Plaintiff has failed to carry its burden of demonstrating that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law with respect to defendants' counterclaim. Accordingly it is sufficient to say, for reasons stated in Peachtree Bottle Shop v. Bessemer Securities Corp., 134 Ga. App. 729, the order granting summary judgment to plaintiff on the counterclaim must be reversed. Our ruling here, however, does not necessarily mean that defendants are entitled to finally prevail ( Ray v. Webster, 128 Ga. App. 217 ( 196 S.E.2d 175)), nor does it necessarily fix the law of the case. Grantham Transfer Co. v. Hawes, 225 Ga. 436 (1) ( 169 S.E.2d 290); Venable v. Grage, 116 Ga. App. 340 (1) ( 157 S.E.2d 519); E. Raymond Smith, Inc. v. Allstate Ins. Co., 127 Ga. App. 571, 572 (1) ( 194 S.E.2d 339).
Judgment reversed. Bell, C. J., and Marshall, J., concur.