Cielock v. Munn

Full title: CIELOCK v. MUNN

Court: Court of Appeals of Georgia

Date published: Feb 4, 1980

266 S.E.2d 806 (Ga. Ct. App. 1980)

266 S.E.2d 806

Opinion

57930.

SUBMITTED JUNE 13, 1979.

DECIDED FEBRUARY 4, 1980.

Pre-incorporation agreement. Chatham State Court. Before Judge Elmore.

Calhoun Associates, Bruce A. Howe, Kran Riddle, for appellant.

Hill, Jones, Friday Robinson, Jack Friday, for appellee.

McMURRAY, Presiding Judge.

Pursuant to Cielock v. Munn, 244 Ga. 810, our judgment in Cielock v. Munn, 150 Ga. App. 869 ( 258 S.E.2d 686), has been reversed and remanded; and the case of Osceola Inns v. State Hwy. Dept., 133 Ga. App. 736 ( 213 S.E.2d 27) has been disapproved by the Supreme Court. Accordingly, the judgment of the lower court is reversed and remanded with direction for reconsideration of the defendant's motion to withdraw his admissions on the basis of whether the presentation of the merits of the action will be subserved thereby and whether the plaintiff can satisfy the court that the withdrawal "will prejudice him in maintaining his action or defense on the merits." Code Ann. § 81A-136 (b) (Ga. L. 1966, pp. 609, 648; 1967, pp. 226, 234, 235; 1972, pp. 510, 528).

Judgment reversed and remanded. Smith and Banke, JJ., concur.

McMURRAY, Presiding Judge.

SUBMITTED JUNE 13, 1979 — DECIDED FEBRUARY 4, 1980.