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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2010 » S09G1912. ANTHONY et al. v. GATOR COCHRAN CONSTRUCTION, INC.
S09G1912. ANTHONY et al. v. GATOR COCHRAN CONSTRUCTION, INC.
State: Georgia
Court: Supreme Court
Docket No: S09G1912
Case Date: 11/01/2010
Preview:Final Copy 288 Ga. 79 S09G1912. ANTHONY et al. v. GATOR COCHRAN CONSTRUCTION, INC. HINES, Justice. This Court granted a writ of certiorari to the Court of Appeals in Anthony v. Gator Cochran Constr. Co., 299 Ga. App. 126 (682 SE2d 140) (2009), to address whether that Court properly applied the law regarding an allegedly inconsistent verdict in a civil case. Determining that it did not, we vacate the judgment of the Court of Appeals and remand the case to that Court for further proceedings. Gator Cochran Construction, Inc. ("Cochran"), filed suit to recover for unpaid invoices in the amount of $685,135.86 against Ray G. Anthony and a number of businesses it contended he controlled, Anthony Family Limited Partnership, Aqua Toy Store, Inc., Anthony Trucking, L.P., Anthony Aviation Center, Inc., Houston Equipment Company, Century Steel Erectors Company, and Anthony Holdings International, LLC (collectively "Anthony Entities"). Using a special verdict form, the jury returned a verdict for Cochran in the
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amount of $606,747.96, and the Anthony Entities appealed. Further facts may be found in the opinion of the Court of Appeals. Anthony, supra. In the second division of its opinion,1 the Court of Appeals addressed the argument that the jury's verdict was inconsistent and therefore void. In a civil case, "`[a] verdict that is contradictory and repugnant is void, and no valid judgment can be entered thereon. A judgment entered on such a verdict will be set aside.' [Cit.]" Thompson v. Ingram, 226 Ga. 668, 671 (2) (177 SE2d 61) (1970). Nonetheless, the Court of Appeals has crafted a rule of appellate procedure that when a special verdict form is used, and the potential for an inconsistent verdict is evident from the face of the form submitted to the jury, a party must object to that verdict form or waive review of any inconsistency resulting from the form. That rule first appears in Brannan Auto Parts v. Raymark Industries, 183 Ga. App. 82 (357 SE2d 807) (1987). As authority, Brannan cites Frostgate Warehouses, Inc. v. Cole, 244 Ga. 782, 783 (262 SE2d 98) (1979). However, Frostgate does not provide such authority; no question of an inconsistent or void verdict was presented therein. Frostgate addressed

Division 1 of the Court of Appeals' opinion is not within the scope of this Court's grant of the writ of certiorari. 2

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only the statutory procedures for submitting interrogatories to the jury in a declaratory judgment action currently found in OCGA
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