Hayes v. Fernandez

Banke, Chief Judge.

The appellant sued the appellees to recover for alleged medical malpractice. The trial court granted the appellees’ motion for summary judgment on the ground that the affidavits filed by the appellant in response to the motion were not timely under Rule 21 of the local rules of the Superior Court of Clayton County. Held:

Although Rule 21 is not before us, and we may not take judicial cognizance of it (see Harris v. Harris, 228 Ga. 562 (1) (187 SE2d 139) (1972)), it is apparent from the trial court’s order, as well as the briefs of the parties, that the appellant’s response…