Cable Masters, Inc. v. Shaw

Court of Appeals of Georgia

Cable Masters, Inc. v. Shaw

259 S.E.2d 157, 151 Ga. App. 153, 1979 Ga. App. LEXIS 2476

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1979

Docket58160

StatusPublished

Cited by1 cases

This text of 259 S.E.2d 157 (Cable Masters, Inc. v. Shaw) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cable Masters, Inc. v. Shaw, 259 S.E.2d 157, 151 Ga. App. 153, 1979 Ga. App. LEXIS 2476 (Ga. Ct. App. 1979).

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Opinion

Banke, Judge.

The problem presented by this appeal is identical to the one considered by this court recently in the case of Hilton Hotels Corp. v. Withrow Travel &c., Inc., 150 Ga. App. 435. The trial court granted summary judgment to the appellee because the appellant’s responses to certain requests for admissions were unsworn. Held:

The trial court’s order, rendered some months before our decision in the Hilton Hotels case, supra, relied on Burge v. High, 147 Ga. App. 267 (248 SE2d 546) (1978). However, Hilton Hotels reversed Burge and held, in accordance with Code Ann. § 81A-136 (Ga. L. 1966, pp. 609, 648, as amended through Ga. L. 1972, pp. 510, 528), that responses to requests for admission need not be under oath. The responses in this case were thus properly made. [154]*154Since they present material issues of fact for resolution at the trial level, the grant of summary judgment was in error.

Argued July 11, 1979 Decided September 4, 1979. R. Joseph Costanzo, Jr., for appellant. Oscar N. Persons, Jay D. Bennett, for appellee.

Judgment reversed.

McMurray, P.J., and Underwood, J., concur.

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Banke, Judge.

The problem presented by this appeal is identical to the one considered by this court recently in the case of Hilton Hotels Corp. v. Withrow Travel &c., Inc., 150 Ga. App. 435. The trial court granted summary judgment to the appellee because the appellant’s responses to certain requests for admissions were unsworn. Held:

The trial court’s order, rendered some months before our decision in the Hilton Hotels case, supra, relied on Burge v. High, 147 Ga. App. 267 (248 SE2d 546) (1978). However, Hilton Hotels reversed Burge and held, in accordance with Code Ann. § 81A-136 (Ga. L. 1966, pp. 609, 648, as amended through Ga. L. 1972, pp. 510, 528), that responses to requests for admission need not be under oath. The responses in this case were thus properly made. [154]*154Since they present material issues of fact for resolution at the trial level, the grant of summary judgment was in error.

Argued July 11, 1979 Decided September 4, 1979. R. Joseph Costanzo, Jr., for appellant. Oscar N. Persons, Jay D. Bennett, for appellee.

Judgment reversed.

McMurray, P.J., and Underwood, J., concur.

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259 S.E.2d 157, 151 Ga. App. 153, 1979 Ga. App. LEXIS 2476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cable-masters-inc-v-shaw-gactapp-1979.

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