Goss v. Thornton, 62045
| Decision Date | 06 July 1981 |
| Docket Number | No. 62045,62045 |
| Citation | 283 S.E.2d 63,159 Ga.App. 166 |
| Parties | GOSS et al. v. THORNTON et al. |
| Court | Georgia Court of Appeals |
Audrey P. Biloon, Macon, for appellants.
John Edwards, Macon, for appellees.
This is an appeal from a summary judgment for the landlord in a dispossessory proceeding. The landlord alleged that the tenants were in default of a lease provision requiring them to make certain repairs. This allegation was supported by an affidavit attached to the motion for summary judgment. The tenants filed an answer asserting that the landlord had agreed orally to make the repairs, but submitted no affidavit or other evidence to support this contention prior to issuance of the summary judgment. They did, however, file such affidavits with their notice of appeal. Held :
1. Code Ann. § 81A-156(e) provides, in pertinent part: See Walsey v. American Fletcher Nat. Bk., etc., Co., 151 Ga.App. 104, 258 S.E.2d 760 (1979). The affidavits submitted by the appellants were not filed prior to the hearing on the summary judgment motion as required by Code Ann. § 81A-156(c). Indeed, they were until the motion had already been granted. Accordingly, they do not render the court's ruling erroneous. Accord, Sacks v. Bell Tel. Laboratories, 149 Ga.App. 799(1), 256 S.E.2d 87 (1979); Johnson v. Lastinger, 152 Ga.App. 328(2), 262 S.E.2d 601 (1979). Although it is alleged that oral testimony creating a fact issue was offered at the hearing, we are unable to consider this alleged testimony since no transcript of the hearing has been included in the record on appeal.
2. The trial court is not required to submit findings of fact and conclusions of law in deciding a motion for summary judgment. Code Ann. § 81A-152(a).
3. In view of the above, the appellants' remaining enumerations of error are moot.
Judgment affirmed.
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