Belger v. Exchange Bank

251 S.E.2d 22, 148 Ga. App. 275, 1978 Ga. App. LEXIS 3072

• Court: Court of Appeals of Georgia
• Decided: October 16, 1978
• Docket: 56324
• Status: Published

Opinions

Smith, Judge.

Appellant has failed to point out any error committed by the trial court, and we therefore affirm its grant of appellees’ motion for summary judgment.

Contrary to appellant’s contention, the record shows conclusively that the trial court, in ruling on the motion for summary judgment, did consider all the depositions on file. Also, appellant’s contrary allegation notwithstanding, he had had ample opportunity to prepare defense to appellees’ motion for summary judgment and the trial court did not abuse its discretion by denying his motion for a continuance of the hearing on the motion for summary judgment. At the time of his motion for continuance, appellant’s suit had been pending for approximately five years, and the conducted discovery had resulted in a record of 1,400 pages. See Vaughn & Co. v. Saul, 143 Ga. App. 74 (4) (237 SE2d 622) (1977). Finally, appellant’s brief is bereft of any argument on his contention that material issues of fact remain as to appellees’ liability for fraud, and we therefore deem that contention to be abandoned.

Argued September 11, 1978 Decided October 16, 1978 Rehearing denied December 1, 1978 Arthur P. Tranakos, Laurin M. McSwain, for appellant. Ward Whelchel, Preston & Preston, Montgomery L. Preston, Barrie L. Jones, Bennett, Pedrick & Bennett, E. Kontz Bennett, Sr., Larry E. Pedrick, for appellees.

Judgment affirmed.

Been, P. J., and Banke, J., concur.