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LIBERTY NATIONAL LIFE INSURANCE COMPANY v. HOUK

61532.

157 Ga. App. 540 (1981)

278 S.E.2d 120

LIBERTY NATIONAL LIFE INSURANCE COMPANY v. HOUK.

Court of Appeals of Georgia.

Decided February 16, 1981.

Attorney(s) appearing for the Case

William A. Turner, O. Wayne Ellerbee, for appellant.

Edward Parrish, for appellee.

DEEN, Presiding Judge.

1. An affidavit made in opposition to a motion for summary judgment should, under Code §§ 81A-156 (c) and 81A-106 (d), be served on the opposite party at least one day prior to hearing the motion. The court has a discretion to consider affidavits not so filed, however, and his ruling on this issue will not be reversed unless there is an abuse of discretion. See Gunter v. Nat. City Bank...

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