Nowlin v. Parker

There are questions for the jury to resolve, created by the testimony of Mozelle’s sister Odell taken in deposition, which the superior court erroneously refused to consider on the ground the pertinent statements were inadmissible hearsay. The court applied correct principles regarding summary judgment but incorrect rules of evidence in relation thereto, and it also construed the “time” language of OCGA § 7-1-813 (a) too narrowly. The effect of these errors undermines the validity of the summary judgment.

OCGA § 7-1-813 creates a right of survivorship in a joint account, thereby, giving…