Hendryx v. Hendryx

Court of Appeals of Georgia

Hendryx v. Hendryx

257 S.E.2d 47, 149 Ga. App. 672, 1979 Ga. App. LEXIS 1977

CourtCourt of Appeals of Georgia

DecidedApril 19, 1979

Docket57268

StatusPublished

This text of 257 S.E.2d 47 (Hendryx v. Hendryx) 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

Hendryx v. Hendryx, 257 S.E.2d 47, 149 Ga. App. 672, 1979 Ga. App. LEXIS 1977 (Ga. Ct. App. 1979).

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Opinion

Shulman, Judge.

In this appeal from an action to domesticate a judgment, both parties concede that the trial court erred in granting the summary judgment without considering a deposition on file. The point is well taken. As the trial court could not have determined that no genuine issue of material fact existed, the summary judgment could not [673]*673have been properly entered in favor of either party. Realty Contractors, Inc. v. C & S Nat. Bank, 146 Ga. App. 69 (245 SE2d 342); Union Circulation Co. v. Trust Co. Bank, 146 Ga. App. 612 (3) (247 SE2d 197). See also, Mathis v. R. H. Smallings & Sons, 125 Ga. App. 810 (189 SE2d 122), holding that inconsistencies in the testimony of the same party may preclude summary judgment.

Argued February 13, 1979 — Decided April 19,1979. Clein & Heimanson, Neil L. Heimanson, for appellant. Bates, Baum & Landey, Benjamin Landey, for appellee.

Judgment reversed and remanded.

Deen, C. J., and McMurray, P. J., concur.

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Shulman, Judge.

In this appeal from an action to domesticate a judgment, both parties concede that the trial court erred in granting the summary judgment without considering a deposition on file. The point is well taken. As the trial court could not have determined that no genuine issue of material fact existed, the summary judgment could not [673]*673have been properly entered in favor of either party. Realty Contractors, Inc. v. C & S Nat. Bank, 146 Ga. App. 69 (245 SE2d 342); Union Circulation Co. v. Trust Co. Bank, 146 Ga. App. 612 (3) (247 SE2d 197). See also, Mathis v. R. H. Smallings & Sons, 125 Ga. App. 810 (189 SE2d 122), holding that inconsistencies in the testimony of the same party may preclude summary judgment.

Argued February 13, 1979 — Decided April 19,1979. Clein & Heimanson, Neil L. Heimanson, for appellant. Bates, Baum & Landey, Benjamin Landey, for appellee.

Judgment reversed and remanded.

Deen, C. J., and McMurray, P. J., concur.

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257 S.E.2d 47, 149 Ga. App. 672, 1979 Ga. App. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendryx-v-hendryx-gactapp-1979.

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