Borden, Inc. v. Barker

*295On Motion for Rehearing.

On motion for rehearing appellant contends that this court should direct the entry of a partial grant of the motion for summary judgment for the period April 1966 through March 1969. The motion for summary judgment in this case set out that there was no genuine issue as to any material fact and thus sought a grant as to the whole case. The enumeration of error likewise was with regard to a summary judgment in toto and made no mention of any partial recovery. In Smith v. Allen, 115 Ga. App. 80, 81 (153 SE2d 648), this court held: "As plaintiff has failed to enumerate any error on the trial court’s omission to make an order, pursuant to Code Ann. § 110-1204, specifying whether certain facts appear without. substantial controversy, we can determine only whether the court erred in denying the motion as to the whole case.” See Ireland v. Matthews, 120 Ga. App. 510, 512 (171 SE2d 387).

It is therefore apparent that under the record before us no partial grant is authorized.

Judgment adhered to.

Jordan, P. J., and Evans, J., concur.