Brown v. Rooks

Marshall, Judge.

Appellant appeals from the summary judgment entered against him on the ground that the trial court erred in failing to consider his affidavit opposing the motion for summary judgment. Held:

1. Appellee has moved for damages under Code § 6-1801 contending that the appeal was taken for purposes of delay only. The issue presented by this appeal is whether appellant’s affidavit should or should not have been considered by the trial judge, and not whether the appellant’s defense is meritorious. Code § 6-1801 applies only when the issue appealed is obviously without merit; not when…