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Court of Appeals of Georgia.



Decided: April 28, 2022

Hall Booth Smith, John E. Hall, Jr., Atlanta, Walter J. Bibbins, Jr., Atlanta, Brittanie D. Browning; Moore Ingram Johnson & Steele, Ryan Matthew Ingram, Marietta, David Patrick Conley, Marie L. Wilcox, Marietta; Cozen O'Connor, Kenan G. Loomis, for Appellant. Wetherington Law Firm, Matthew Quinn Wetherington, Tucker, Robert Neil Friedman, for Appellee. Copeland Stair Kingma & Lovell, John C. Rogers, amicus curiae.

This appeal arises from a grant of class certification. Forrest Allen brought an action against RCC Wesley Chapel Crossing, LLC, Dollar Tree Stores, Inc., Little Giant Farmers Market Corporation, River City Capital, LLC, and River City Capital Property Management, LLC (collectively, the “Appellants”), for negligence, premises liability, false imprisonment, conversion, and violation of the Georgia Racketeer Influenced and Corrupt Organizations Act, and he sought to have the action certified on behalf of a proposed class of similarly situated persons. The trial court granted Allen's motion for class certification, and this Court affirmed that order. RCC Wesley Chapel Crossing, LLC v. Allen, 355 Ga. App. XXVII (Case No. A20A0547) (June 29, 2020) (unpublished) (“Allen I”).

In RCC Wesley Chapel Crossing, LLC v. Allen, 313 Ga. 69, 76-77 (3), 867 S.E.2d 108 (2021) (“Allen II”), the Supreme Court of Georgia vacated our opinion in Allen I and directed this Court to remand the case to the trial court for reconsideration of the proposed class certification consistent with the Supreme Court's opinion. Based on our review of Allen II, we conclude that the rulings in that decision implicate only Division 1 (b) of our opinion in Allen I. Accordingly, we vacate Division 1 (b) of our prior opinion in Allen I, adopt the opinion of the Supreme Court in Allen II with respect to that division, and remand the case to the trial court for further proceedings consistent with the Supreme Court's opinion. Divisions 1 (a) and (c), 2, and 3 of this Court's opinion in Allen I were not affected by the Supreme Court's decision and thus remain binding on the parties to this action. See Shadix v. Carroll County, 274 Ga. 560, 563-564 (1), 554 S.E.2d 465 (2001).

Judgment affirmed in part and vacated in part, and case remanded with direction.

Phipps, Senior Appellate Judge.

Miller, P. J., and Mercier, J., concur.

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Docket No: A20A0547

Decided: April 28, 2022

Court: Court of Appeals of Georgia.

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