Abercrombie v. Ledbetter-Johnson Co.

On Motion for Rehearing.

Appellant insists in his motion for rehearing that since this *379court rendered its decision after the effective date of the Georgia Civil Practice Act we should have construed his petition in the light of Section 8 of the Act, which substantially liberalizes pleading requirements, rather than applying principles in effect on April 19, 1967, when the trial court ruled on the demurrers to the petition.

The Act, which as amended became effective September 1, 1967, provides that it “shall govern all proceedings in actions brought after it takes effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court its application in a particular action pending when this Act takes effect would not be feasible or would work injustice, in which event the former procedure applies.” Ga. L. 1966, pp. 609, 671; Ga. L. 1967, pp. 8, 226, 250.

We construe this to mean that the trial court under the conditions stated above might apply the provisions of the Act to actions pending on the effective date of the Act as to rulings and orders made subsequent to September 1, 1967. Since the rulings of the trial court here under review preceded the effective date of the Act, this court will examine such rulings in the light of the pleading requirements as they existed at the time the trial court ruled thereon.

All judges sitting en banc concur in that which is said on motion for rehearing. Accordingly,

The motion is denied.