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Porter Coatings v. STEIN STEEL & SUPPLY COMPANY
Citations: 278 S.E.2d 377; 247 Ga. 631; 1981 Ga. LEXIS 820Docket: 37355
Court: Supreme Court of Georgia; May 26, 1981; Georgia; State Supreme Court
The Supreme Court of Georgia, in Porter Coatings v. Stein Steel Supply Company, addressed two key issues regarding summary judgment procedures. First, the court examined whether different filing deadlines should apply to materials supporting and opposing motions for summary judgment, specifically concerning depositions known to the opposing party versus affidavits that they were unaware of. The court emphasized that due process necessitates that the opposing party should have a fair chance to contest the evidence presented in support of a motion for summary judgment, and thus, only materials "on file" at least 30 days prior to the hearing should be considered. The court affirmed the ruling in Benton Bros. Ford Co. v. Cotton States Mutual Ins. Co., which aligns with this interpretation, while disapproving contrary conclusions from the current case. The justices clarified that although the statute appears strict, it allows for flexibility through provisions enabling trial judges or parties to extend filing deadlines. In the specific case, the respondent-appellant argued that the trial court improperly considered a deposition not filed in a timely manner. However, since the appellant used that deposition to challenge the summary judgment motion, the court found no reversible error. Ultimately, the judgment was affirmed, with all justices concurring.