Reid v. Minter

Clark, Judge.

In this action for fraud and deceit in the sale of a house, plaintiffs (appellants) seek damages for the diminished value of their flooded house purchased from the named defendant and her agents (appellees). Prior to trial, plaintiffs presented an oral motion for partial summary judgment on the issues of liability. This motion was granted on the basis of defendants having failed to file their answers within 30 days after service as required by Code Ann. § 81A-136 (a) to plaintiffs’ discovery requests which sought admissions as to all the elements of fraud. The issue of liability…