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SUMMER-MINTER v. GIORDANO

28256.

231 Ga. 601 (1973)

203 S.E.2d 173

SUMMER-MINTER & ASSOCIATES, INC. et al. v. GIORDANO et al.

Supreme Court of Georgia.

Decided January 28, 1973.

Attorney(s) appearing for the Case

Manning, Read & Richardson, Curtis R. Richardson, for appellants.

Haas, Holland, Levison & Gibert, Hugh W. Gibert, for appellees.

Claude E. Hambrick, amicus curiae.

INGRAM, Justice.

Certiorari was granted in this case to consider whether a party can amend his pleadings after reversal on appeal of a trial court's order denying a motion for summary judgment but before the appeal remittitur is entered in the trial court by asserting a new theory of recovery in the amendment.

The background of the case may be stated briefly as follows: The plaintiff's complaint, as thrice amended...

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