Warnock v. Davis

Full title: WARNOCK v. DAVIS

Court: Court of Appeals of Georgia

Date published: Jan 10, 1997

481 S.E.2d 7 (Ga. Ct. App. 1997)

224 Ga. App. 225

Opinion

A95A2344.

DECIDED JANUARY 10, 1997.

Penalty for frivolous appeal. Montgomery Superior Court. Before Judge West.

Richard Phillips, for appellant.

Salter Shook, Mitchell M. Shook, Jason A. Craig, for appellee.

SMITH, Judge.

In Warnock v. Davis, case no. A95A2344 (decided November 1, 1995) (unpublished), this court affirmed the trial court's judgment in favor of appellee and imposed a penalty for frivolous appeal of ten percent of the amount of the judgment pursuant to OCGA § 5-6-6.

The Supreme Court granted certiorari, and in Warnock v. Davis, 267 Ga. 336 ( 478 S.E.2d 124) (1996), affirmed this court's judgment but reversed the imposition of the penalty for frivolous appeal. Accordingly, this court's judgment imposing the penalty is vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment affirmed. Birdsong, P.J., and Johnson, J., concur.

DECIDED JANUARY 10, 1997.