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SUPERIOR INS. CO. v. DAWKINS

Nos. A97A1580 to A97A1582.

494 S.E.2d 208 (1997)

229 Ga. App. 45

SUPERIOR INSURANCE COMPANY v. DAWKINS. JENKINS et al. v. DAWKINS. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. DAWKINS.

Court of Appeals of Georgia.

October 28, 1997.

Attorney(s) appearing for the Case

Brennan & Wasden, Marvin W. McGahee, James V. Painter, Savannah, for appellant (case no. A97A1580).

Allgood, Childs, Mehrhof & Millians, Michael W. Millians, Augusta, for appellants (case no. A97A1581).

Fulcher, Hagler, Reed, Hanks & Harper, Ronald C. Griffeth, Elizabeth McLeod, Augusta, for appellant (case no. A97A1582).

Jimmy D. Plunkett, Conley, for appellee.

SMITH, Judge.

These three related cases involve the much litigated question of the effect of a release given in settlement with fewer than all parties in an automobile personal injury action. Because the record contains evidence of a mutual mistake of law as to the effect of the release on a non-party to the agreement, we affirm the trial court's denial of summary judgment as to that issue in Case No. A97A1582. We conclude, however, that the trial court erred in denying...

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