Brooks v. Multibank 2009-1 RES-ADC Venture, LLC
317 Ga. App. 264
| Ga. Ct. App. | 2012Background
- Brooks appeals a trial court grant of summary judgment to Multibank on a note and guaranty.
- FirstCity Bank sued Brooks as guarantor for about $3.509 million, prejudgment interest, and fees; a copy of the note and guaranty was attached.
- Brooks, pro se, disputed the indebtedness amount and indicated potential collateral sale interests in his initial response.
- FDIC-receivership of FirstCity led to litigation adjustments; Brooks’ corporate entity received time to answer, then counsel appeared challenging jurisdiction and underlying loan terms.
- Multibank later moved for judgment on the pleadings; the court converted it to summary judgment after noting inability to determine liquidated damages from the complaint and relying on undisposed admissions.
- The court ultimately granted Multibank summary judgment against Brooks for the debt and attorneys’ fees; Brooks sought to withdraw admissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brooks' admissions should be withdrawn | Brooks failed to rebut admissions; withdrawal might advance merits and must not prejudice Multibank. | Withdrawal is warranted to correct miscalculations and because there was no prejudice to Multibank. | Trial court did not abuse discretion; admissions not withdrawn. |
| Whether converting a non-documentary motion to summary judgment required 30 days' notice | Conversion allowed relief beyond pleadings; 30 days to respond not necessary if acquiesced. | Brooks should have been given 30 days to respond; he was prejudiced by lack of time. | No reversible error; no showing of harm; conversion proper and timely. |
Key Cases Cited
- Atlanta Cas. Co. v. Goodwin, 205 Ga. App. 421 (Ga. App. 1992) (admissions by operation of law when not answered timely; withdrawal requires showing)
- Meadows v. Dalton, 153 Ga. App. 568 (Ga. App. 1980) (timing of post-judgment motions and related procedures)
- Porter v. Urban Residential Dev. Corp., 294 Ga. App. 828 (Ga. App. 2008) (burden on movant to show first-prong admissible, credible evidence)
- Turner v. Mize, 280 Ga. App. 256 (Ga. App. 2006) (burden to show prongs for withdrawal of admissions)
- Davis v. Phoebe Putney Health Systems, 280 Ga. App. 505 (Ga. App. 2006) (30-day notice can be waived by acquiescence)
- Gaddis v. Chatsworth Health Care Center, 282 Ga. App. 615 (Ga. App. 2006) (conversion of motion to summary judgment when outside pleadings considered)
- Christensen v. State, 219 Ga. App. 10 (Ga. App. 1995) (responsive pleading requirement; excusable neglect defenses)
- Tucker v. Thomas C. Talley, M.D., P.C., 267 Ga. App. 820 (Ga. App. 2004) (absence of prejudice standard for evidentiary supplementation)
- Maalouf v. Knight, 237 Ga. App. 509 (Ga. App. 1999) (venue and pleading considerations)
- Williams v. Willis, 204 Ga. App. 328 (Ga. App. 1992) (prematurity of venue challenges and pleading timing)