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Thompson v. Berman

Court of Appeals of Georgia
Oct 25, 1978
250 S.E.2d 190 (Ga. Ct. App. 1978)





Declaratory judgment. DeKalb Superior Court. Before Judge Federal.

Charles T. Autry, James O. Wilson, Jr., for appellant.

McCurdy Candler, John Perry Cripe, George H. Carley, Powell, Goldstein, Frazer Murphy, Jesse W. Hill, Edward E. Dorsey, Stokes Shapiro, Ira Genberg, Greene, Buckley, DeRieux Jones, John D. Jones, Levine, D'Alessio Cohn, Morton P. Levine, for appellees.

1. Where requests for admission are filed and served, the opposite party must either answer or state his objection to the requests, upon penalty of being taken to admit the subject matter of the request. Code § 81A-136; Mathews v. Cleveland, 144 Ga. App. 423 (1) ( 241 S.E.2d 286) (1977).

2. It is established by uncontradicted pleadings that the plaintiff appellees own a 75 percent interest and the defendant appellants a 25 percent interest in certain real estate leased to a third party, the real estate also being the subject of a deed to secure debt securing a promissory note with months installment payments, and that for the past several months the appellees paid 100 percent of the monthly installment payments due to the fact that the appellant made no contribution thereto. Requests for admission remained unanswered by the appellant, as a result of which the following additional facts must be taken as admitted: that as a result of his ownership of the 25 percent interest in the real estate, appellant is obligated to pay 25 percent of each monthly payment due under the terms of the secured promissory note held by the mortgagee; that this is equal to $2,360.23 per month, and that no payment has been made by appellant since December, 1976; that all installments have, however, been paid when due by the appellees and that appellant has not repaid appellees any portion of these monthly payments.

The above facts must be taken as true. Accordingly, the grant of motion for summary judgment to the appellees of appellant's 25 percent share of each monthly payment advanced by the appellees was proper. Bank of Tupelo v. Collier, 191 Ga. 852 (2) ( 14 S.E.2d 59) (1941).

Judgment affirmed. Smith and Banke, JJ., concur.


Summaries of

Thompson v. Berman

Court of Appeals of Georgia
Oct 25, 1978
250 S.E.2d 190 (Ga. Ct. App. 1978)
Case details for

Thompson v. Berman

Case Details

Full title:THOMPSON v. BERMAN et al

Court:Court of Appeals of Georgia

Date published: Oct 25, 1978


250 S.E.2d 190 (Ga. Ct. App. 1978)
250 S.E.2d 190

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