SHINE v. SPORTSERVICE CORPORATION

52995.

140 Ga. App. 355 (1976)

231 S.E.2d 130

SHINE v. SPORTSERVICE CORPORATION.

Court of Appeals of Georgia.

Decided November 5, 1976.


Attorney(s) appearing for the Case

Arthur P. Tranakos, for appellant.

Powell, Goldstein, Frazer & Murphy, James H. Keaten, Daniel M. Coursey, Frank Mays Hull, for appellee.


BELL, Chief Judge.

Plaintiff's motion for summary judgment was granted on April 27, 1976. On May 26, 1976, defendant filed a motion for new trial which was denied on June 23, 1976. A notice of appeal from the judgment of June 23, 1976 was filed by defendant on June 23, 1976. Plaintiff has moved to dismiss the appeal. Held:

A motion for new trial is not the proper vehicle to obtain a re-examination of the grant of summary judgment and a motion so filed...

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