From Casetext: Smarter Legal Research

Varble v. Carley

Court of Appeals of Georgia
Nov 14, 1978
251 S.E.2d 313 (Ga. Ct. App. 1978)

Opinion

56664.

SUBMITTED OCTOBER 3, 1978.

DECIDED NOVEMBER 14, 1978. REHEARING DENIED DECEMBER 1, 1978.

Action for attorney fees. DeKalb State Court. Before Judge Mitchell.

Richard E. Thomasson, for appellant. Stowers, Roane Carley, Stephen F. Carley, for appellee.


The grant of the plaintiff's motion for summary judgment in this suit by an attorney to collect attorney fees is reversed.

The fact of the debt is squarely disputed, and the issue cannot be resolved without a credibility determination. Questions of credibility cannot be decided on a motion for summary judgment. Ramsey v. Thomas, 133 Ga. App. 869, 871 ( 212 S.E.2d 444) (1975).

Judgment reversed. Deen, P. J., and Banke, J., concur.

SUBMITTED OCTOBER 3, 1978 — DECIDED NOVEMBER 14, 1978 — REHEARING DENIED DECEMBER 1, 1978.


Summaries of

Varble v. Carley

Court of Appeals of Georgia
Nov 14, 1978
251 S.E.2d 313 (Ga. Ct. App. 1978)
Case details for

Varble v. Carley

Case Details

Full title:VARBLE v. CARLEY

Court:Court of Appeals of Georgia

Date published: Nov 14, 1978

Citations

251 S.E.2d 313 (Ga. Ct. App. 1978)
251 S.E.2d 313