Cornett v. Hampton Court, Ltd.

Full title: CORNETT v. HAMPTON COURT, LTD. et al

Court: Court of Appeals of Georgia

Date published: Oct 30, 1985

338 S.E.2d 72 (Ga. Ct. App. 1985)

338 S.E.2d 72

Opinion

71337.

DECIDED OCTOBER 30, 1985.

Action for damages. DeKalb State Court. Before Judge Carlisle.

Robert G. Wellon, for appellant.

William E. Zachary, Jr., for appellees.

McMURRAY, Presiding Judge.

As amended, plaintiff's complaint seeks damages for fraud in connection with his purchase of a condominium from defendant Hampton Court, Ltd. and defendant Williams. On March 22, 1983, defendant Williams filed his motion for summary judgment. On December 5, 1984 a suggestion of the death of defendant Williams was filed by plaintiff. It is uncontroverted that defendant Williams is deceased and that his will was admitted to probate on January 20, 1984. There has been no order for substitution of the proper parties under OCGA § 9-11-25 (a) (1). The trial court granted defendant Williams' motion for summary judgment on May 9, 1985. Plaintiff appeals. Held:

The trial court's grant of defendant Williams' motion for summary judgment, a judgment rendered in favor of a deceased person, is void. Allen v. Cloudburst Mfg. Co., 162 Ga. App. 188 ( 290 S.E.2d 529); Irwin v. Shuford, 144 Ga. 532 (1) ( 87 S.E. 674).

Judgment reversed. Banke, C. J., and Benham, J., concur.

DECIDED OCTOBER 30, 1985.