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235 Ga. App. 774

Oxley v. Kilpatrick

Court of Appeals of Georgia

Decided December 2, 1998

Court of Appeals of Georgia · decided 1998-12-02

Relies on Rossi v. Oxley · 225 Ga. App. 838 - Oxley v. Kilpatrick

Decided 1998-12-02

Beasley, Judge.

¶1In Oxley v. Kilpatrick, 225 Ga. App. 838 (486 SE2d 44) (1997), we reversed the trial court’s grant of motions for summary judgment filed by Dr. Rossi and his two co-defendants. The Supreme Court granted certiorari and reversed our holding that Dr. Rossi was not entitled to summary judgment. Rossi v. Oxley, 269 Ga. 82 (495 SE2d 39) (1998). Accordingly, our judgment in this case is vacated as to Dr. Rossi, and the judgment of the Supreme Court is made the judgment of this Court.

¶2Judgment affirmed in part and reversed in part.

Senior Appellate Judge Harold R. Banke concurs. Blackburn, J, concurs specially.
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