Legal Opinion · Dissent

Butler v. Bolton Road Partners

Court of Appeals of Georgia

Decided August 28, 1996No. A96A1138Published

1DissentMcMurray, Presiding Judge

The trial court reconsidered its previous denial of defendant Bolton Road’s motion for summary judgment, concluding that plaintiff Butler’s evidence regarding the clerk’s assurance that she could pay past due costs in installments is inadmissible hearsay. I believe this premise is flawed. It is also my view that this flawed reasoning can and should be corrected by this Court within the error as enumerated, namely, the existence of genuine issues of material fact precluding judgment. “Some courts live by correcting the errors of others and adhering to their own.” Ellison v. Ga. R. Co., 87 Ga.…

2Cases cited4 opinions

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. All Phase Electric Supply Company v. Foster & Cooper, Inc.Court of Appeals of Georgia · 1989
  3. Wood v. Dan P. Holl & Co.Court of Appeals of Georgia · 1984
  4. Riviera Finance v. McBrideCourt of Appeals of Georgia · 1996

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