SUNTRUST BANK v. LILLISTON (2018)

Court of Appeals of Georgia.

SUNTRUST BANK v. LILLISTON et al.

A16A1318

Decided: February 22, 2018

Morris, Manning & Martin,David W. Cranshaw, Simon R. Malko, for appellant. Savage, Turner & Pinckney, Brent J. Savage, Brent J. Savage, Jr., for appellees.

In SunTrust Bank v. Lilliston, 338 Ga. App. 738, 791 S.E.2d 614 (2016), this Court affirmed the trial court’s ruling that the appellant had waived its right to arbitration in a renewed action by acting inconsistently with that right in the original action. The Supreme Court of Georgia granted certiorari and reversed our decision. See SunTrust Bank v. Lilliston, 302 Ga. 840, 809 S.E.2d 819 (Case No. S17G0433, decided Jan. 29, 2018). We therefore vacate our previous opinion, adopt the decision of the Supreme Court as our own, and reverse the judgment below.

Judgment reversed.

Branch, Judge.

Ellington, P. J., and Mercier, J., concur.

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