Maddox v. Brown, 76798
| Decision Date | 06 October 1988 |
| Docket Number | No. 76798,76798 |
| Citation | 374 S.E.2d 222,188 Ga.App. 728 |
| Parties | MADDOX v. BROWN et al. |
| Court | Georgia Court of Appeals |
W. Ron Bryan, Morrow, for appellant.
Robert T. Romeo, Jonesboro, for appellees.
Defendant Maddox appeals the grant of plaintiff Brown's motion for partial summary judgment. Maddox asserts that the trial court's failure to consider and review both of his two depositions was error.
The Supreme Court in General Motors Corp. v. Walker, 244 Ga. 191, 193, 259 S.E.2d 449 (1979), held:
Here the order granting the motion, entered February 2, 1988, recited that it was entered "after reviewing all the pleadings, depositions, briefs and after hearing argument by counsel for both parties." However, the trial judge has informed this court that he did not open Maddox's deposition of June 24, 1987, and did not consider it in making his decision. Thus, because the deposition filed December 18, 1987, was not a part of the trial court's deliberations, Walker is specifically not applicable. Ignoring the sealed deposition constituted reversible error because the summary judgment motion implicated the issue of whether Maddox's counterclaim was maintainable, as well as whether his Yost v. Torok, 256 Ga. 92, 344 S.E.2d 414 (1986) claim was meritorious. See Anderson v. Matich, 186 Ga.App. 84, 86(2), 366 S.E.2d 300 (1988). The judgment must be reversed with direction that the trial court consider it and all pertinent documents and proof before determining whether Brown's motion should be granted.
JUDGMENT REVERSED WITH DIRECTION.
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...268 S.E.2d 147 (1980); Light v. Equitable Mtg., etc., 191 Ga.App. 816, 817(1), 383 S.E.2d 142 (1989); compare Maddox v. Brown, 188 Ga.App. 728, 374 S.E.2d 222 (1988). The order recites that it was issued "[a]fter carefully considering the arguments presented by counsel ... and after reviewi......
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Bishop v. Mangal Bhai Enterprises, Inc.
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Taylor v. Schander, A92A1974
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Maddox v. Brown, A91A0185
...for summary judgment on defendant's counterclaim. See Maddox v. Brown, 193 Ga.App. 158, 387 S.E.2d 584 (1989); Maddox v. Brown, 188 Ga.App. 728, 374 S.E.2d 222 (1988). Finally, the case proceeded to trial and this appeal addresses the jury ...