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Ferrari v. Am. Home Prod. Corp.

Ferrari v. American Home Products Corp., 286 Ga. App. 305 2007 Ferrari I, reversed.

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In American Home Products Corp. v. Ferrari , 289 Ga. 184 710 SE2d Ga. 771 2011, the Supreme Court reversed the judgment of this court in Ferrari v. American Home Products Corp. , 286 Ga. App. 305 650 SE2d 585 2007, based upon the opinion of the Supreme Court of the United States in American Home Products. Corp. v. Ferrari , U. S. 131 SC 1567, 179 LE2d 471 2011. We therefore vacate our earlier opinion and adopt the judgment of the Supreme Court as the opinion of this court. We further hold that we cannot consider the Ferraris’ constitutional claims because they were not timely raised or ruled upon by the trial court. See Bohannon v. State , 269 Ga. 130, 137 5 497 SE2d 552 1998; Dalton Point, L.P. v. Regions Bank , 287 Ga. App. 468, 472 3 651 SE2d 549 2007. Judgment affirmed. Barnes, P.J., and Miller, P.J., concur .

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