Thus, matters deemed admitted under this statute become solemn admissions in judicio and are conclusive as a matter of law on the matters stated and cannot be contradicted by other evidence unless the admissions are withdrawn or amended on formal motion. Fulton County v. SOCO Contracting Co. , 343 Ga. App. 889, 896 (2), 808 S.E.2d 891 (2017) (citation and punctuation omitted). It is undisputed that Crumpton failed to timely respond to Samples's requests for admissions.
"There is a two-pronged test to be employed when considering a motion to withdraw admissions." Fulton County v. SOCO Contracting Co., 343 Ga. App. 889, 897 (2) (a), 808 S.E.2d 891 (2017). "A court may grant a motion to withdraw (1) when the presentation of the merits will be subserved thereby and (2) the party obtaining the admission fails to satisfy the court that the withdrawal will prejudice maintaining his action or defense on the merits."
]" (Citation and punctuation omitted.) Fulton County v. SOCO Contracting Co., Inc. , 343 Ga. App. 889, 897 (2) (a), 808 S.E.2d 891 (2017). The first requirement of this test
"[M]atters deemed admitted under this statute become solemn admissions in judicio and are conclusive as a matter of law on the matters stated and cannot be contradicted by other evidence unless the admissions are withdrawn or amended on formal motion." Fulton County v. SOCO Contracting Co. , 343 Ga. App. 889, 896 (2), 808 S.E.2d 891 (2017) (citation and punctuation omitted). Under OCGA § 9-11-36 (b), the trial court is vested with broad discretion to permit withdrawal of an admission made by reason of the failure to make a timely response to the request.
Because we determined in Division 1 that the evidence was insufficient to show that Gibson-Wright committed the offense of stalking under OCGA § 16-5-90 to support the issuance of a protective order, we vacate the trial court’s order denying Gibson-Wright’s claim for attorney fees and we remand the case to the trial court for reconsideration of this issue. See Fulton County v. SOCO. Contracting Co., Inc., 343 Ga. App. 889, 900-901 (3), 808 S.E.2d 891 (2017) (vacating the trial court’s denial of the county’s attorney fees claim and remanding the issue for reconsideration where it was determined that the trial court erred by denying the county’s motion for summary judgment). In sum, we reverse the trial court’s order granting Smith’s petition for a temporary protective order.
(Citations and punctuation omitted.) Fulton County v. SOCO Contracting Co. , 343 Ga. App. 889, 893 (1), 808 S.E.2d 891 (2017). Under the Georgia Constitution, municipalities are protected by sovereign immunity unless the General Assembly waives it. Ga. Const. of 1983, Art. IX, Sec. II, Par. IX. This principle is reiterated in OCGA § 36-33-1, which pertinently provides that "it is the public policy of the State of Georgia that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability for damages."