SUNTRUST BANK v. LILLISTON Et Al. , 811 S.E.2d 80 ( 2018 )

FOURTH DIVISION
ELLINGTON, P. J.,
BRANCH and MERCIER, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
February 22, 2018
In the Court of Appeals of Georgia
A16A1318. SUNTRUST BANK v. LILLISTON et al.
BRANCH, Judge.
In Suntrust Bank v. Lilliston, 338 Ga. App. 738 (791 SE2d 614) (2016), this
Court affirmed the trial court’s ruling that the appellant had waived its right to
arbitration in a renewed action by acting inconsistently with that right in the original
action. The Supreme Court of Georgia granted certiorari and reversed our decision.
See Suntrust Bank v. Lilliston, _ Ga. _ (Case No. S17G0433, decided Jan. 29, 2018).
We therefore vacate our previous opinion, adopt the decision of the Supreme Court
as our own, and reverse the judgment below.
Judgment reversed. Ellington, P. J., and Mercier, J., concur.