Maddox v. Brown

Beasley, Judge.

Defendant Maddox appeals the grant of plaintiff Brown’s motion for partial summary judgment. Maddox asserts that the trial court’s failure to consider and review both of his two depositions was error.

The Supreme Court in General Motors Corp. v. Walker, 244 Ga. 191, 193 (259 SE2d 449) (1979), held: “A deposition need not be introduced in evidence in order to be considered in ruling upon a motion for summary judgment because the Civil Practice Act only requires that it be on ‘file.’ ... If a trial court indicates in his order granting a motion for summary judgment that the motion…