See Robinson v. Global Resources, Inc., 300 Ga. App. 139, 140, 684 S.E.2d 104 (2009) ("Thus, matters deemed admitted under [OCGA § 9-11-36] 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as a matter of law on the matters stated and cannot be contradicted by other evidence unless the admissions are withdrawn or amended on formal motion.") (citation and punctuation omitted); see also Honester v. Tinsley, 183 Ga. App. 146, 147-148 (2), 358 S.E.2d 295 (1987) (rejecting appellant's argument that a response given by the opposing party to discovery requests that included requests to admit and interrogatories was a judicial admission incapable of contradiction because the statement was actually an interrogatory response); Stone v. Lenox Enterprises, Inc., 176 Ga. App. 696, 698 (1), 337 S.E.2d 451 (1985) (holding that serving an interrogatory response which contradicted a matter deemed admitted by failing to timely respond to a request to admit did not eliminate the conclusive effect of the admission). [10] To the extent Counsel argues that Anderson is estopped from withdrawing the defense because her interrogatory response was an "[a]dmission[ ] upon which [they] have acted, either to their own injury or to the benefit of [Anderson,]" Counsel has not demonstrated how the interrogatory response caused them to act to their detriment or Anderson’s benefit.
Moore filed a direct appeal in this case. Citing OCGA § 5-6-35 (a) (6), Childs argues that Moore instead was required to apply for discretionary appellate review because Childs’s judgment against Moore was for $10,000 or less. That Code section does not apply, however, because Childs also prevailed on counterclaims filed by Moore. Honester v. Tinsley , 183 Ga. App. 146, 147 (1), 358 S.E.2d 295 (1987). So Moore was allowed to file a direct appeal in this case.
Sun Nurseries, Inc. v. Lake Erma, LLC, 316 Ga.App. 832, 835(1), 730 S.E.2d 556 (2012).See Honester v. Tinsley, 183 Ga.App. 146, 148(2), 358 S.E.2d 295 (1987).The Georgia Uniform Fraudulent Transfers Act (“UFTA”) proscribes transfers made “[w]ith actual intent to hinder, delay, or defraud any creditor of the debtor.”
Sun Nurseries, Inc. v. Lake Erma, LLC, 316 Ga. App. 832, 835 (1) (730 SE2d 556) (2012). See Honester v. Tinsley, 183 Ga. App. 146, 148 (2) (358 SE2d 295) (1987). The Georgia Uniform Fraudulent Transfers Act ("UFTA") proscribes transfers made "[w]ith actual intent to hinder, delay, or defraud any creditor of the debtor."
The trial court's dismissal of the fraud portion of Madan's counterclaim also does not support this appeal. A direct appeal is appropriate when the appellee has obtained a judgment for $10,000 or less and has also prevailed on a counterclaim filed by the appellant. Honester v. Tinsley, 183 Ga. App. 146, 147 (1) ( 358 S.E.2d 295) (1987). Damiano, however, has not yet prevailed on the entire counterclaim filed by Madan.
1. Garner's motion to dismiss this appeal is denied. See Honester v. Tinsley, 183 Ga. App. 146, 147 (1) ( 358 S.E.2d 295) (1987); Boatner v. Kandul, 180 Ga. App. 234 (2) ( 348 S.E.2d 753) (1986). 2. Topvalco contends that the court erred in denying its motion for directed verdict based on Garner's waiver of the breach of the covenant of quiet enjoyment by remaining on the premises even though she had notice of the alleged breach since the inception of the lease.
If this case involved solely the appeal of a "zero" award, there would be a right of direct appeal. See Bales v. Shelton, 260 Ga. 335 ( 391 S.E.2d 394) (1990); City of Brunswick, supra; Rich v. McDonald Car c. Leasing, 180 Ga. App. 613 ( 349 S.E.2d 832) (1986), overruled on other grounds to the extent contrary, Honester v. Tinsley, 183 Ga. App. 146, 147 (1) ( 358 S.E.2d 295) (1987). In Boatner v. Kandul, 180 Ga. App. 234 ( 348 S.E.2d 753) (1986), judgment was entered on the jury verdict awarding plaintiff/appellee $450 on her claim and "0" to defendant/appellant on his counterclaim.
Held: 1. Defendant properly filed a direct appeal. Honester v. Tinsley, 183 Ga. App. 146, 147 (1) ( 358 S.E.2d 295). 2.
1. Although the amount of the judgment is less than $2,500, we have jurisdiction to entertain this direct appeal because defendant-appellee prevailed on the main claim. See Honester v. Tinsley, 183 Ga. App. 146, 147 (1) ( 358 S.E.2d 295). 2.
See also OCGA § 9-11-50 (a)." Honester v. Tinsley, 183 Ga. App. 146, 147 (2) 148 ( 358 S.E.2d 295). As was stated in Division 4 of this opinion, there was "strong evidence" which authorized a finding that Kemp was covered under the policy at the time of the collision.