Smith v. STEINEMANN DEVELOPMENT CO.

Johnson, Judge.

Steinemann Development Company (“SDC”) sued David Smith for breach of contract and fraud and deceit. SDC filed a motion for partial summary judgment as to the breach of contract claim. The trial court granted SDC’s motion, and Smith appeals. We affirm the trial court’s grant of partial summary judgment to SDC, but vacate the trial court’s award of legal fees and expenses to SDC.

1. In his first enumeration, Smith contends the trial court erred in relying on affidavits served by SDC three days before the scheduled hearing on its motion for partial summary judgment.

Pursuant to…