Oliver v. Thomas

Birdsong, Judge.

Oliver appeals the grant of summary judgment to defendant Faircloth Bonding Service, Inc. Faircloth Bonding produced affidavits stating that defendant Thomas was not an agent, servant or employee of Faircloth Bonding at the time of Thomas’ alleged injury to appellant. The affidavit filed by appellant in response to motion for summary judgment was properly not considered by the trial court in ruling on Faircloth Bonding’s motion because the affidavit was never served upon the defendants. Code Ann. § 81 A-156 (c); Code Ann. § 81A-105 (a); Code Ann. § 81A-106 (d); Sasser & Co. v.…