1/18/2024 0 Comments Motion to compel discovery georgia![]() ![]() The Thompsons contend, and the Tylers do not dispute, that no effort was made to schedule the depositions during this period. In May 2007, the *140 trial court entered an order placing the case on the June 2007 "civil peremptory calendar" for "open cases not on the trial ready list in which the discovery has expired." At a September 2007 hearing on the motion for summary judgment, the Thompsons and Herman Tyler, who was represented by an attorney at that time, appeared before the trial court and agreed to delay the hearing to give Herman Tyler a month to take the Thompsons' depositions. After a series of e-mails were sent between the parties in November 2004 attempting to agree on a date to schedule the depositions, Herman Tyler's attorney sent a letter in November 2004 to the Thompsons' attorney offering a deposition date in December 2004, and stating, "I will await your reply." The record reflects no further communication regarding the depositions. The parties agreed to delay the November 2004 hearing on the motion for summary judgment to allow completion of this discovery. After notice was sent setting the summary judgment motion for hearing in November 2004, the Tylers sent notices stating that they intended to take the depositions of Kenan and Elizabeth Thompson a few days prior to the summary judgment hearing. Thompson moved for summary judgment in July 2004. The record shows that, after the complaint was filed in April 2001 and answers were filed by the Tylers in May 2001, the time for discovery was extended by court order through August 1, 2002. ![]() (b) There is no merit to the Tylers' claims that the trial court erred by refusing to hear and grant a motion to compel discovery before ruling on the motion for summary judgment. ![]() "The trial court is not required to make express findings of fact and conclusions of law in ruling on motions for summary judgment pursuant to OCGA § 9-11-56." (Citations and punctuation omitted.) Thomas v. (a) There is no merit to the Tylers' claims that the trial court erred by granting summary judgment without issuing findings of fact and conclusions of law. ![]() As to the grant of summary judgment for the sum of $1,224,499.66, both Tylers claim that procedural errors in the grant of summary judgment require reversal. Accordingly, we reverse to the extent the trial court granted summary judgment in favor of Thompson for attorney fees and costs under OCGA § 13-6-11 in the amount of $47,493.08.Ģ. 445, 696 S.E.2d 649 (2010), awarding summary judgment in favor of a claimant for expenses of litigation under OCGA § 13-6-11 is error because the issue is for the trier of fact. Both Tylers claim that the grant of summary judgment for attorney fees and costs pursuant to OCGA § 13-6-11 was error, and Thompson concedes this was error. We reverse the grant of summary judgment against Herman and Ernest Tyler for attorney fees and costs in the amount of $47,493.08.ġ. As to the grant of summary judgment for $1,224,499.66 of the entrusted money, we affirm the grant of summary judgment against Herman Tyler, and reverse the grant of summary judgment against Ernest Tyler. A11A0020) appeal pro se from the trial court's grant of summary judgment in favor of Thompson in the amount of $1,224,499.66 of the entrusted money, plus attorney fees and costs pursuant to OCGA § 13-6-11 in the amount of $47,493.08. Thompson claimed that Ernest Tyler conspired with Herman Tyler to unlawfully take the entrusted money when a portion of the money was used to buy and sell real property in Ernest Tyler's name. Thompson claimed on various grounds, including money had and received, fraud, conversion, and breach of fiduciary duty, that Herman Tyler unlawfully took the entrusted money. Thompson sued Herman Tyler and his brother, Ernest Tyler, to recover money Thompson entrusted to Herman Tyler as a financial advisor to manage and invest. Taylor, Feil, Harper, Lumsden & Hess, Lisa F. ![]()
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