In WS CE Resort Owner, LLC v. Holland, 360 Ga. App. 720, 860 S.E.2d 637 (2021), we affirmed the trial courts denial of WS CE Resort Owner, LLCs (“CE Owner”) motion for summary judgment and the trial courts grant of summary judgment to Evelyn McCarthy and Thomas and Connie Holland (“the plaintiffs”), but we reversed the trial courts order awarding attorney fees to the plaintiffs. Id. at 724-737 (1) - (3), 860 S.E.2d 637. The Supreme Court of Georgia subsequently vacated our decision in WS CE Resort Owner, LLC v. Holland, 315 Ga. 691, 884 S.E.2d 282 (2023), and left “to the courts below” to determine, under a new framework, “whether the evidence, taken as a whole, demonstrates clear intent to grant an easement in the property in question.” Id. at 706 (2) (d), 884 S.E.2d 282. We therefore vacate our earlier opinion, adopt the Supreme Court of Georgias opinion as our own, vacate the judgment of the trial court, and remand the case for further proceedings consistent with the Supreme Court of Georgias opinion.
Judgment vacated and case remanded with direction.
Miller, Presiding Judge.
Hodges and Pipkin, JJ., concur.