Appellant Klem has previously raised before this court the same issue he now raises. See Klem v. Southeast Ceramics, 150 Ga. App. 82 (256 SE2d 628). (1979). That decision controls here, adversely to appellant. Furthermore, appellee’s motion for damages for a frivolous appeal is granted.
Judgment affirmed.
Quillian, P. J., and Birdsong, J., concur. Joseph H. King, Jr. for appellant. Neil Heimanson, for appellee.