Opinion
57268.
ARGUED FEBRUARY 13, 1979.
DECIDED APRIL 19, 1979.
Action on foreign alimony judgment. Fulton Superior Court. Before Judge Ward.
Clein Heimanson, Neil L. Heimanson, for appellant.
Bates, Baum Landey, Benjamin Landey, for appellee.
In this appeal from an action to domesticate a judgment, both parties concede that the trial court erred in granting the summary judgment without considering a deposition on file. The point is well taken. As the trial court could not have determined that no genuine issue of material fact existed, the summary judgment could not have been properly entered in favor of either party. Realty Contractors, Inc. v. C S Nat. Bank, 146 Ga. App. 69 ( 245 S.E.2d 342); Union Circulation Co. v. Trust Co. Bank, 146 Ga. App. 612 (3) ( 247 S.E.2d 197). See also, Mathis v. R. H. Smallings Sons, 125 Ga. App. 810 ( 189 S.E.2d 122), holding that inconsistencies in the testimony of the same party may preclude summary judgment.
Judgment reversed and remanded. Deen, C. J., and McMurray, P. J., concur.