333 Ga. App. 747 776 S.E.2d 829

A13A2150.

CALLAWAY et al. v. GARNER et al.

(776 S.E.2d 829)

BARNES, Presiding Judge.

In Estate of Callaway v. Garner, 297 Ga. 52 (772 SE2d 668) (2015), the Supreme Court of Georgia reversed Division 3 of our opinion in Callaway v. Garner, 327 Ga. App. 67 (755 SE2d 526) (2014), in which we affirmed the trial court’s award of prejudgment interest under OCGA § 13-6-13. We therefore vacate Division 3 of our earlier opinion and adopt the opinion of the Supreme Court with respect to that division as our own.* 1 Consequently, in accordance with the Supreme Court’s opinion, we reverse the trial court’s award of *748prejudgment interest under OCGA § 13-6-13, and we remand for the trial court to determine whether prejudgment interest instead maybe awarded under OCGA § 7-4-15.

Decided August 25, 2015.

Bondurant, Mixson & Elmore, Emmet J. Bondurant, Michael B. Terry, Alison B. Prout, Elizabeth G. Eager; Hatcher, Stubbs, Land, Hollis & Rothschild, Gregory S. Ellington, for appellants.

Waldrep, Mullin & Callahan, Joseph L. Waldrep, C. Morris Mullin, for appellees.

Judgment affirmed in part and reversed in part, and case remanded with direction.

Miller and Ray, JJ., concur.

Callaway v. Garner
333 Ga. App. 747 776 S.E.2d 829

Case Details

Name
Callaway v. Garner
Decision Date
Aug 25, 2015
Citations

333 Ga. App. 747

776 S.E.2d 829

Jurisdiction
Georgia

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