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SMITH v. CONLEY

58097.

152 Ga. App. 589 (1979)

263 S.E.2d 453

SMITH et al. v. CONLEY et al.

Court of Appeals of Georgia.

Decided October 23, 1979.

Rehearing Denied November 29, 1979.

Attorney(s) appearing for the Case

Malcolm S. Murray, for appellants.

Tyrus R. Atkinson, Jr., for appellees.

SMITH, Judge.

The trial court sustained appellees' motion for summary judgment as to their complaint and their motion to dismiss appellants' counterclaim. We reverse in both instances.

1. The court granted appellees' motion for summary judgment without holding a hearing or fixing a time for a hearing on the motion and without giving appellants notice of the time when judgment would be rendered. That procedural...

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