Liberty National Life Insurance Company v. Houk

Deen, Presiding Judge.

1. An affidavit made in opposition to a motion for summary judgment should, under Code §§ 81A-156 (c) and 81A-106 (d), be served on the opposite party at least one day prior to hearing the motion. The court has a discretion to consider affidavits not so filed, however, and his ruling on this issue will not be reversed unless there is an abuse of discretion. See Gunter v. Nat. City Bank, 239 Ga. 496 (238 SE2d 48) (1977); T & W Farm Supply v. McCall, 132 Ga. App. 613 (208 SE2d 622) (1974). The affidavit may be admitted without objection, the time of service may be waived,…