Liberty Forest Products, Inc. v. Interstate Paper Corp.

Webb, Judge.

The trial court entered an order granting summary judgment to plaintiff Interstate on the basis that opposing materials were not served and filed until the date of the hearing and therefore would not be considered, citing Code Ann. §§ 81A-106 (d), 81A-156 (c) and 81A-105 (d). The date of the hearing was October 3, and the record shows that the materials were mailed to opposing counsel on October 2. "Service by mail is complete upon mailing.” Code Ann. § 81 A-105 (b). Accordingly the materials were served one day before the hearing as required by Code §§ 81A-106 (d) and 81A-156…