Cielock v. Munn

Court of Appeals of Georgia

Cielock v. Munn

266 S.E.2d 806, 153 Ga. App. 275, 1980 Ga. App. LEXIS 1769

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1980

Docket57930

StatusPublished

This text of 266 S.E.2d 806 (Cielock v. Munn) 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

Cielock v. Munn, 266 S.E.2d 806, 153 Ga. App. 275, 1980 Ga. App. LEXIS 1769 (Ga. Ct. App. 1980).

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Opinion

McMurray, Presiding Judge.

Pursuant to Cielock v. Munn, 244 Ga. 810, our judgment in Cielock v. Munn, 150 Ga. App. 869 (258 SE2d 686), has been reversed and remanded; and the case of [276]*276Osceola Inns v. State Hwy. Dept., 133 Ga. App. 736 (213 SE2d 27) has been disapproved by the Supreme Court. Accordingly, the judgment of the lower court is reversed and remanded with direction for reconsideration of the defendant’s motion to withdraw his admissions on the basis of whether the presentation of the merits of the action will be subserved thereby and whether the plaintiff can satisfy the court that the withdrawal "will prejudice him in maintaining his action or defense on the merits.” Code Ann. § 81A-136 (b) (Ga. L. 1966, pp. 609, 648; 1967, pp. 226, 234, 235; 1972, pp. 510, 528).

Submitted June 13, 1979 Decided February 4, 1980. Calhoun & Associates, Bruce A. Howe, Kran Riddle, for appellant. Hill, Jones, Friday & Robinson, Jack Friday, for appellee.

Judgment reversed and remanded.

Smith and Banke, JJ., concur.

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McMurray, Presiding Judge.

Pursuant to Cielock v. Munn, 244 Ga. 810, our judgment in Cielock v. Munn, 150 Ga. App. 869 (258 SE2d 686), has been reversed and remanded; and the case of [276]*276Osceola Inns v. State Hwy. Dept., 133 Ga. App. 736 (213 SE2d 27) has been disapproved by the Supreme Court. Accordingly, the judgment of the lower court is reversed and remanded with direction for reconsideration of the defendant’s motion to withdraw his admissions on the basis of whether the presentation of the merits of the action will be subserved thereby and whether the plaintiff can satisfy the court that the withdrawal "will prejudice him in maintaining his action or defense on the merits.” Code Ann. § 81A-136 (b) (Ga. L. 1966, pp. 609, 648; 1967, pp. 226, 234, 235; 1972, pp. 510, 528).

Submitted June 13, 1979 Decided February 4, 1980. Calhoun & Associates, Bruce A. Howe, Kran Riddle, for appellant. Hill, Jones, Friday & Robinson, Jack Friday, for appellee.

Judgment reversed and remanded.

Smith and Banke, JJ., concur.

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Bluebook (online)

266 S.E.2d 806, 153 Ga. App. 275, 1980 Ga. App. LEXIS 1769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cielock-v-munn-gactapp-1980.

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