¶1concurring specially.
¶2The trial court relied partly upon Menke v. First Nat. Bank of Atlanta, 168 Ga. App. 495 (309 SE2d 835) (1983), and the majority opinion cites this same case three times although indicating in the instant case that it is inapplicable. It should be pointed out that this cited case was a one-judge case in which two judges concurred specially, which even if factually applicable would not have precedential value.