Fairington, Inc. v. Yeargin Construction Co.

Birdsong, Judge.

Fairington, Inc. (Fairington) appeals from the denial of its motion for summary judgment and the grant of summary judgment for Yeargin Construction Co., Inc. (Yeargin). Held:

1. All but one of appellant’s enumerations of error relate to the trial court’s denial of its motion for summary judgment, which was filed on October 23, 1974. The motion simply denied the existence of material issues of fact and demanded judgment as a matter of law. Neither briefs nor affidavits were attached to the motion or otherwise presented until the hearing on April 2, 1975, over five months after…