This is an appeal of the amended judgment awarding both plaintiffs/appellees the total sum of $5,965.84 with interest as provided by law. The trial court directed a verdict in favor of both plaintiffs/appellees in the amount of $5,233.64, and the jury awarded an additional $732.20.
Appellant, Gene Thompson Lumber Company, purchased three loads of lumber from the appellee, Davis Parmer Lumber Company. Mr. Gene Thompson, principal stockholder of Gene Thompson Lumber Company, admitted in judicio that the appellant had ordered and received the lumber listed in the three invoices of appellee Davis Parmer Lumber Company, and that appellant had not paid for this lumber. However, appellant asserted that the lumber had been gradеd after receipt and was found “to be defective,” that is, it was not of the *574 grade specified in the purchase orders. The difference in the value of the lumber ordered and that actually received was $732.20. Appellant notified appellee Davis Parmer Lumber Company of its claim, but the claim was not honored.
On September 28, 1987, Davis Parmer Lumber Company notified its insurance company of the nonpayment of account by appellant, and filed a “Notification of Claim” placing the account of the appellant in the hands of the insuranсe company for collection. On October 1, 1987, appellee Davis Parmer Lumber Company brought suit against appellant for the amount due and owing on the three lumber purchasеs. On January 29,1988, appellee Davis Parmer Lumber Company assigned its claim of $5,965.84 against appellant to appellee the Continental Insurance Company. The Continental Insurance Company paid Davis Parmer Lumber Company the amount of $3,600 but apparently declined to pay the balance of the claim. In April, 1988, The Continental Insurance Company was joined as an indispensable party plaintiff to this suit and the original complaint was amended to reflect this joinder. The Continental Insurance Company apparently had previously authorized another Georgia attorney to initiate suit against appellant, and a second Davis Parmer Lumber Company lawsuit was filed on January 13, 1988. However, this action was dismissed when the existence of the suit at bar became known. Ultimately, the Continental Insurance Company authorized counsel for appellee Davis Parmer Lumber Company to represent it also in the current litigаtion.
At the conclusion of plaintiffs’ case in chief, appellant moved for a directed verdict against both plaintiffs. These motions were denied. After both sides had rested, appellant again moved for a directed verdict as to appellee Davis Parmer Lumber Company, and the appellees moved for a directed verdict in favor of the plaintiffs. The trial court granted a directed verdict in favor of both plaintiffs “for the principal amount sued less . . . $732.20.” The jury returned a verdict in favor of both plaintiffs not only for the amount mandated by the direсted verdict but for the amount of $732.20 as well. Held:
1. Appellant’s first and second enumerated errors are that the trial court erred in refusing to disqualify Harry Wingate as counsel for both Davis Parmer Lumber Comрany and the Continental Insurance Company, and that the trial court erred in denying its motion to disqualify Mr.’ Wingate as the attorney for the Continental Insurance Company. The ultimate determination оf whether an attorney should be disqualified from representing a client in a judicial proceeding rests in the sound discretion of the trial judge. See
Rivers v. Goodson,
2. Appellant contends the trial court erred in overruling an objection to the questioning of appellant’s princiрal stockholder regarding appellant’s sale of the lumber received from Davis Parmer Lumber Company. Appellant’s objection in effect was based on lack of relevancy. Admissibility of evidence rests in the trial court’s sound discretion.
Lewis v. State,
3. Appellant contеnds the trial court erred in denying his motions for directed verdict as to the claims of the Continental Insurance Company and Davis Parmer Lumber Company, Inc. We disagree.
(a) Appellant assеrts that because Davis Parmer Lumber Company assigned its claims against appellant to the Continental Insurance Company, suit must be brought solely in the name of the assignee. OCGA § 9-11-25 (c) provides that “[i]n [any] case of any transfer of interest, the action may be continued by or against the original party unless the court, upon motion, directs the person to whom the interest is transferred tо be substituted in the action
or joined with
the original party.” (Emphasis supplied.) This subsection vests discretion in the trial judge to allow the original plaintiff to continue suit either alone or joined by the interest transfеree when the transfer of interest occurred
after
the filing of the suit. See generally
Rives E. Worrell Co. v. Key Systems,
(b) Appellant asserts that it was entitled to directed verdict against the Continental Insurance Company. Upon appellate review of a denial of a motion for directed verdict, this court will consider all relevant admissible evidence of record whether admitted or elicited during the plaintiffs’ case in chief or subsequent thereto. See generally
Bethay v. State,
4. Appellant’s fifth and seventh enumerations of error are that the trial court erred in grating a partial directed verdict in favor of both plaintiffs and erred in denying a motion for mistrial based on similar grounds, respectively.
There is no merit to a contention that partial directed verdicts cannot be granted.
Taylor v. Buckhead Glass Co.,
In the case at bar, appellant made an admission in judicio that he had ordered, received, and partially sold the three shipments of lumber; that he had not paid for any of the lumbеr; and, that he found a discrepancy as to the quality of the lumber ordered but only as to the amount of $732.20. The trial court had authority to grant a partial directed verdict in favor of the plaintiffs as to the uncontested amount owed. Ga. Const., Art. VI, Sec. I, Par. IV; OCGA §§ 9-11-1; 9-11-50 (a); 15-6-8 (6); 15-7-42. We need not determine whether the trial court should have allocated the amount of the directed verdict between the two plaintiffs so that the Continental Insurance Company received an award of $3,600 (the amount of its payment to
*577
claimant) and the remainder was awarded to Davis Parmer Lumber Comрany. In the absence of a showing of prejudice, assuming error occurred by the failure to allocate the award, it would not warrant reversal. See
Leverett v. Flint Fuel,
5. The appellant next asserts the trial court erred in instructing the jury that any verdict returned by the jury must be in favor of both plaintiffs. Assuming arguendo that the instruction was erroneоus, appellant has failed to show how he has been prejudiced by this instruction. “An inappropriate charge, unless harmful, is not ground for new trial.”
Adrian Housing Corp. v. Lucas,
Appellee’s motion for damages pursuant to OCGA § 5-6-6 is denied.
Judgment affirmed.