Varble v. Carley

Court of Appeals of Georgia

Varble v. Carley

251 S.E.2d 313, 148 Ga. App. 294, 1978 Ga. App. LEXIS 3078

Court of Appeals of Georgia·Decided November 14, 1978·No. 56664·Published

Opinion

Smith, Judge.

The grant of the plaintiffs motion for summary judgment in this suit by an attorney to collect attorney fees is reversed.

The fact of the debt is squarely disputed, and the issue cannot be resolved without a credibility determination. Questions of credibility cannot be decided on a motion for summary judgment. Ramsey v. Thomas, 133 Ga. App. 869, 871 (212 SE2d 444) (1975).

Judgment reversed.

Deen, P. J., and Banke, J., concur. Stowers, Roane & Carley, Stephen F. Carley, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

The grant of the plaintiffs motion for summary judgment in this suit by an attorney to collect attorney fees is reversed.

The fact of the debt is squarely disputed, and the issue cannot be resolved without a credibility determination. Questions of credibility cannot be decided on a motion for summary judgment. Ramsey v. Thomas, 133 Ga. App. 869, 871 (212 SE2d 444) (1975).

Judgment reversed.

Deen, P. J., and Banke, J., concur. Stowers, Roane & Carley, Stephen F. Carley, for appellee.

Varble v. Carley, 251 S.E.2d 313, 148 Ga. App. 294, 1978 Ga. App. LEXIS 3078 (Ga. Ct. App. 1978).

Pincite

251 S.E.2d 313 (Varble v. Carley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related