Opinion

Dallas Blue Haven Pools, Inc. v. Taslimi

256 Ga. 739 · Supreme Court of Georgia · Mar 3, 1987

Full text

Marshall, Chief Justice. We granted certiorari to examine the holding of the Court of Appeals in Dallas Blue Haven Pools v. Taslimi, 180 Ga. App. 734 (350 *740 SE2d 265) (1986), that Rule 6.3 of the Uniform Superior Court Rules (253 Ga. 801, 817) is not inconsistent with OCGA § 9-11-56 (c), and that, under each or all of three stated bases, it was not error for the trial court to grant a summary judgment in accordance with Rule 6.3 without an oral-argument hearing, where neither party requested such a hearing. This case is controlled by Kelley v. First Franklin Financial Corp., 256 Ga. 622 (351 SE2d 443) (1987). Decided March 3, 1987. Gibson & Deal, John W Gibson, James B. Deal, for appellant. Kitchens, Kelley, Gynes, Huprich & Schmerling, Mark A. Kelley, for appellee. Judgment affirmed. All the Justices concur.

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Parentheticals

the Georgia Supreme Court was aware of the Georgia Code when it issued the Uniform Rules and must have found no inconsistency between the rule in question and the statute
Mcintyre v. Pope