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Gold Kist Inc. v. Wilson

The trial court exceeded its scope of authority on remand when it reaffirmed its prior awards to the plaintiffs based on different theories of liability.

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This is the fourth appearance of this case before this Court. The appellees, 15 farmers who were members of the Gold Kist, Inc. cooperative, brought suit after Gold Kist sold the egg processing facility which served them and assigned their production contracts to the purchaser. In Gold Kist, Inc. v. Wilson, 213 Ga. App. 154 444 SE2d 338 1994 “Wilson I”, we reversed the grant of summary judgment in favor of the farmers. Following a bench trial and entry of judgment in favor of the farmers, Gold Kist again appealed; we remanded for entry of findings of facts and conclusions of law. Gold Kist, Inc. v. Wilson, 220 Ga. App. 426, 428 1 469 SE2d 504 1996 “Wilson II”. After the trial court entered findings of facts and conclusions of law explaining the judgment in favor of the farmers, Gold Kist appealed a third time. We affirmed the judgment in part, reversed in part, and remanded the case with direction to enter a final judgment consistent with the opinion. Gold Kist, Inc. v. Wilson, 227 Ga. App. 848 490 SE2d 466 1997 “Wilson III”. Gold Kist now appeals the new final judgment entered after remand, contending the trial court exceeded the scope of its authority on remand and committed new error.

The farmers framed their complaint for damages in terms of both breach of contract and tort.

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