3. (a) The trial court held that as to any defamatory statements made by Cecere to outside vendors, an unsigned statement of one vendor (Wilhelm) that defamatory remarks were made to him by Cecere after Zielinski's termination on August 15, 1990, cannot overcome the vendor's sworn affidavit to the opposite effect. For its ruling the trial court cited Bethea v. Kennedy, 176 Ga. App. 328 (1) ( 335 S.E.2d 732), which cites Raley v. Mayor c. of Warrenton, 120 Ga. 365, 368 ( 47 S.E. 972) and State v. Barnett, 136 Ga. App. 122, 123 ( 220 S.E.2d 730). The trial court erred in this ruling. We do not know what was in the "unsigned document purporting to be the affidavit" in Bethea; it was simply held " [t]his document is technically deficient and thereby presents no facts in opposition to the plaintiff['s] motion for summary judgment."
5. The trial court entered an order on June 4, 1985, pursuant to the automatic stay provisions of 11 U.S.C. § 362 because of the filing of a voluntary Chapter 7 petition in federal bankruptcy court by Concept. Since this order severing Concept as a defendant and staying any proceedings against it until further order of the court or separate trial of any claim against it was not appealed, the motion to dismiss Concept as a party to these appeals is granted. See generally, Bethea v. Kennedy, 176 Ga. App. 328 (2) ( 335 S.E.2d 732); Gen. Motors Acceptance Corp. v. Yates Motor Co., 159 Ga. App. 215 (2) ( 283 S.E.2d 74). 6. Nodvin's motion for damages for frivolous appeal pursuant to OCGA § 5-6-6 is denied.