Legal Opinion

Simmons v. State Farm Mutual Automobile Insurance

Court of Appeals of Georgia

Decided May 24, 1965No. 41226, 41227PublishedCited by 17 opinions

1Opinion of the Court

Russell, Judge.

Code Ann. § 110-1203 stipulates, as to motions for summary judgment: “The adverse party prior to the day of hearing may serve opposing affidavits.” There may be situations where a failure to serve the opposing affidavits prior to the day of hearing will result in the trial court refusing with propriety to allow them to be filed, or situations where the court may allow them to be filed but in such event grant a motion for continuance. In general, the judge hearing the motion has a large discretion and “may reduce or enlarge any time requirements prescribed herein for the filing…

2Cases cited6 opinions

  1. Dependable Insurance Co. v. GibbsSupreme Court of Georgia · 1962
  2. PLANTERS RURAL TELEPHONE COOPERATIVE, INC. v. ChanceCourt of Appeals of Georgia · 1963
  3. Williams v. City of LaGrangeSupreme Court of Georgia · 1957
  4. Pierce v. American Fidelity Fire Insurance Co.Supreme Court of North Carolina · 1954
  5. Motorola Communications & Electronics, Inc. v. South Georgia Natural Gas Co.Court of Appeals of Georgia · 1961

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Wakefield v. AR Winter Co., Inc.Court of Appeals of Georgia · 1970
  2. State Farm Mutual Automobile Insurance v. MabrySupreme Court of Georgia · 2001
  3. King v. SchaefferCourt of Appeals of Georgia · 1967
  4. Harrington v. FryeCourt of Appeals of Georgia · 1967
  5. Hartford Fire Insurance v. RowlandCourt of Appeals of Georgia · 1986

12 more not listed; retrieve them via the Exa API.

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