Georgia Court of Appeals, 1985

Lee Connell Construction Co. v. Swann

Lee Connell Construction Co. v. Swann
Georgia Court of Appeals · Decided May 31, 1985 · Beasley, Carley
175 Ga. App. 12; 333 S.E.2d 450; 1985 Ga. App. LEXIS 2000

Lee Connell Construction Co. v. Swann

Opinion of the Court

Beasley, Judge.

The Supreme Court of Georgia in Lee Connell Constr. Co. v. Swann, 254 Ga. 121 (327 SE2d 222) (1985), has reversed our decision in Lee Connell Constr. Co. v. Swann, 172 Ga. App. 305 (322 SE2d 736) (1984), which had affirmed the trial court’s affirmance of the Board of Workers’ Compensation. In accordance with the mandate of the Supreme Court, our judgment is vacated and the trial court’s judgment is reversed.

Judgment reversed.

Banke, C. J., Deen, P. J., McMurray, P. J., Birdsong, P. J., Carley, Sognier, Pope, and Benham, JJ., concur. Deen, P. J., McMurray, P. J., and Carley, J., also concur specially.

Concurring Opinion

Carley, Judge,

concurring specially.

I agree with the majority opinion that “[i]n accordance with the mandate of the Supreme Court, our judgment is vacated and the trial court’s judgment is reversed.” However, I think it important to note that the Supreme Court’s reversal of this court’s affirmance of the trial court was based upon the holding that we erroneously “equated the permanent lens implant with the wearing of eyeglasses or contact lens.” Lee Connell Constr. Co. v. Swann, 254 Ga. 121 (327 SE2d 222) (1985). However, as I read the Supreme Court’s opinion, it did not affect that portion of our original opinion which overruled Dunn v. Hartford Accident &c. Co., 81 Ga. App. 283 (58 SE2d 245) (1950) and Georgia Cas. &c. Co. v. Wesby, 119 Ga. App. 545 (168 SE2d 191) (1969).

I am authorized to state that Presiding Judge Deen and Presiding Judge McMurray join in this special concurrence.

John M. Strain, for appellee.

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