Duke v. Steed

127 Ga. App. 541 (1972) 194 S.E.2d 257

DUKE
v.
STEED et al.

47625.

Court of Appeals of Georgia.

Argued November 7, 1972. Decided November 14, 1972.

Neely, Freeman & Hawkins, Paul M. Hawkins, for appellant.

Tisinger & Tisinger, David H. Tisinger, Ross & Finch, I. J. Parkerson, Malcolm P. Smith, Wiggins & Camp, William J. Wiggins, for appellees.

HALL, Presiding Judge.

One defendant in a negligence action appeals from the judgment. The sole issue on this appeal is the order of argument which was set by the court as follows: plaintiff's counsel No. 1; co-defendant's counsel No. 1; appellant's counsel; co-defendant's counsel No. 2; plaintiff's counsel No. 2. The court's ruling complies with all the limitations on its discretion in this matter. Plaintiff received opening and concluding arguments; no more than two counsel per side were permitted to argue; and only one was heard in conclusion. See Code § 24-3320. It was within the court's discretion to allow co-defendant's two counsel to argue before and after appellant's Hines v. Donaldson, 193 Ga. 783 (20 SE2d 134); Gunnells v. Cotton States Mut. Ins. Co. 117 Ga. App. 123 (159 SE2d 730); Pealock v. Pealock, 227 Ga. 795 (183 SE2d 397).

Judgment affirmed. Pannell and Quillian, JJ., concur.