Legal Opinion

Moya Enterprises, Inc. v. Harry Anderson Trucking, Inc.

Court of Appeals of Georgia

Decided April 6, 1982No. 63232PublishedCited by 5 opinions

1Opinion of the Court

Shulman, Presiding Judge.

Defendant-appellee filed a motion for summary judgment supported by a brief which included a statement of facts. Attached to the brief was a document which purported to convert the statement of facts in the brief into an affidavit. The trial court apparently accepted that document as an affidavit since it granted summary judgment to appellee. Our review of the record convinces us that the affidavit was not adequate and the judgment must be reversed.

“Supporting and opposing affidavits shall be made on personal knowledge, shall set forth facts as would be admissible in…

2Cases cited3 opinions

  1. Smith v. RaganCourt of Appeals of Georgia · 1976
  2. Coffee v. McCaskey Register Co.Court of Appeals of Georgia · 1909
  3. Worley Bros. Granite Co. v. HaskinsCourt of Appeals of Georgia · 1962

3Cited by5 opinions

  1. Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  2. James Rowland, Former Director, California Department of Corrections v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  3. Johnson v. CrewsCourt of Appeals of Georgia · 1983
  4. Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  5. Blitch Ford, Inc. v. MIC Property and Cas. Ins. Corp.District Court, M.D. Georgia · 2000

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