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Beasley, Judge, concurring specially.
I concur fully in Divisions 2 and 3 but cannot concur in Division 1. The issue there decided was not raised or ruled on in the trial court but appears only in appellee’s brief, as an additional ground in support of summary judgment. Thus it does not present an issue for review and determination by this Court. Morris v. State, 179 Ga. App. 228, 229 (3) (345 SE2d 686) (1986); In re R. K. J., 179 Ga. App. 112, 113 (3) (345 SE2d 658) (1986).
I am authorized to state that Presiding Judge Deen joins in this special concurrence.
Document Info
Docket Number: 73336
Citation Numbers: 356 S.E.2d 35, 182 Ga. App. 356, 1987 Ga. App. LEXIS 1699
Judges: Benham, Deen, Beasley
Filed Date: 3/6/1987
Precedential Status: Precedential
Modified Date: 11/8/2024