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Petrakopoulos v. Vranas

Court of Appeals of Georgia

January 15, 2015

PETRAKOPOULOS et al.
v.
VRANAS

Partnership; receiver. Gwinnett Superior Court. Before Judge Jackson.

Eric T. Johnson, James C. Watkins, Shingler Lewis, George P. Shingler, for appellants.

Kennon Peebles, Jr., Leon Van Gelderen, for appellee.

McMILLIAN, Judge. Andrews, P. J., and Dillard, J., concur.

OPINION

McMillian, Judge.

In Petrakopoulos v. Vranas, 325 Ga.App. 332 (750 S.E.2d 779) (2013), we reversed the trial court's order appointing a special master and granting preliminary and injunctive relief, and we affirmed in part and reversed in part the trial court's order denying the motion for summary judgment filed by George A. Petrakopoulos, Sam Mellas, and Alpha Soda Company (" Alpha Soda" ). In Petrakopoulos v. Vranas, 296 Ga. 48 (764 S.E.2d 858) (2014), the Supreme Court of Georgia vacated the portion of our opinion

Page 285

addressing Gus Vranas's purported claim for unjust enrichment because Vranas contended, for the first time, in the appeal before the Supreme Court that " he never raised an unjust enrichment claim against Alpha Soda and that no such claim exists," id., although he never informed this Court that he did not [330 Ga.App. 533] intend to raise such a claim. Id. at n.1. We therefore vacate Division 3 (c) of our earlier opinion and adopt the opinion of the Supreme Court as our own.

Judgment affirmed in part and vacated in part.

Andrews, P. J., and Dillard, J., concur.


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