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MARTA v. FUNK

A92A1635.

206 Ga. App. 868 (1992)

426 S.E.2d 623

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. v. FUNK et al.

Court of Appeals of Georgia.

Reconsideration Denied December 17, 1992.

Attorney(s) appearing for the Case

Pursley, Howell, Lowery & Meeks, Charles N. Pursley, Jr., Jo L. Meeks, Elizabeth E. Long, Susan B. Forsling, for appellants.

Peek & Whaley, James G. Peek, J. Corbett Peek, Jr., for appellees.

BEASLEY, Judge.

Following a jury verdict and judgment in favor of condemnee Dr. Sidney A. Funk, condemnors Fulton County and Metropolitan Atlanta Rapid Transit Authority (MARTA) appeal.

1. The appeal is not rendered moot under OCGA § 5-6-48 (b) (3) by the condemnors' payment into the registry of the court the difference between the amount originally paid in and the amount of the judgment. See Clayton County Water Auth. v. Harbin,

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