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PORTER v. FELKER

No. S91G0273.

405 S.E.2d 31 (1991)

261 Ga. 421

PORTER et al. v. FELKER Jr. et al.

Supreme Court of Georgia.

Reconsideration Denied July 10, 1991.

Attorney(s) appearing for the Case

Walter B. McClelland, Chambers, Mabry, McClelland & Brooks, Atlanta, for Porter et al.

William E. Mumford, Edward E. Carriere, Jr., Decatur, James F. Stovall, III, King, Taylor & Stovall, P.C., Tucker, Tyler C. Dixon, Raiford, Dixon & Thackston, Atlanta, for Felker, Jr. et al.

SMITH, Presiding Justice.

When we granted a writ of certiorari to the Court of Appeals in Felker v. Fenlason et al., 197 Ga.App. 476, 398 S.E.2d 754 (1990), we asked the parties to address the following question:

Did the Court of Appeals err in holding the denial of summary judgment precludes as a matter of law the exercise of the trial court's discretion under OCGA § 9...

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