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133 Ga. App. 445

Herring v. Ferrell

Court of Appeals of Georgia

Decided November 6, 1974

Court of Appeals of Georgia · decided 1974-11-06

Cited by 3 later decisions — most recently May 1977

3 state decisions

Relies on Herring v. Ferrell · 130 Ga. App. 431 - Herring v. Ferrell

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Decided 1974-11-06

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Deen, Judge.

¶1The original decision in this case reversing denial of summary judgment to the plaintiffs (130 Ga. App. 431 (203 SE2d 617)) was reversed by the Supreme Court (233 Ga. 1 (209 SE2d 599)) as to the second division thereof. Accordingly, the second division of the decision of this court rendered on November 28, 1973, is hereby vacated, and the denial of the petitioners’ motion for summary judgment as to this being a class action is reversed, with the proviso that while this action for declaratory judgment voiding assessments and levies of ad valorem tax for the year 1972 is sustainable as a class action, the protective order issued by the trial court is effective only from and after December 4, 1972.

¶2All other holdings in our original decision are affirmed.

¶3Judgment reversed.

Bell, C. J., and Quillian, J., concur.
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