In Divisions 2 and 3 (b) of our opinion in The Med. Center, Inc. v. Bowden, 348 Ga. App. 165, 820 S.E.2d 289 (2018) (physical precedent only), this Court affirmed the trial courts grant of Danielle Bowdens petition for class certification and we also affirmed the trial courts denial of summary judgment to The Medical Center on Bowdens claims for fraud and negligent misrepresentation. In Bowden v. The Med. Center, Inc., 309 Ga. 188, 845 S.E.2d 555 (2020), the Supreme Court of Georgia reversed these holdings. Accordingly, we first vacate Division 2 of our earlier opinion and adopt the opinion of the Supreme Court with respect to that division as our own. Secondly, insofar as we affirmed the trial courts denial of summary judgment to The Medical Center on Bowdens fraud and negligent misrepresentation claims, we vacate Division 3 (b) of our earlier opinion and adopt the opinion of the Supreme Court with respect to that division as our own.
In Division 3 (a) of our earlier opinion, we determined that The Medical Center was entitled to summary judgment on Bowdens claim for violations of Georgias Racketeer Influenced and Corrupt Organizations (RICO) Act. Because the Supreme Court affirmed this decision, Bowden, supra, 309 Ga. at 202 (II) (3), 845 S.E.2d 555, it becomes binding on the trial court upon the return of the remittitur.
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Therefore, in accordance with the Supreme Courts opinion, we reverse the trial courts grant of Bowdens petition for class certification and the trial courts denial of summary judgment to The Medical Center on Bowdens claims for fraud and negligent misrepresentation.
Judgment affirmed in part and reversed in part.
FOOTNOTES
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. The Supreme Court did not address any other portion of our earlier opinion. Because none of these unaddressed portions of our earlier opinion are inconsistent with the Supreme Courts opinion, those portions also become binding upon the return of the remittitur. Callaway v. Garner, 333 Ga. App. 747, 747 n.1, 776 S.E.2d 829 (2015); Shadix v. Carroll County, 274 Ga. 560, 563 (1), 554 S.E.2d 465 (2001).
Miller, Presiding Judge.
Brown and Pipkin, JJ., concur.