Boaz Yahiel Badichiv.Albion Trading, Inc. Et Al.
Boaz Badichi appealed partial summary judgment for Albion Trading and related apartment entities in a dispute over ownership interests, accounting, and the parties’ financial obligations. The plaintiffs argued that Badichi failed to respond to requests for admission and that the requests therefore conclusively established their allegations. The Georgia Court of Appeals held that the trial court could not treat the responses as admitted without the procedure required by Georgia civil rules, including a motion challenging the sufficiency of the responses and an opportunity for a hearing. The court also held that the trial court’s sparse order did not establish an independent basis for summary judgment on the declaratory claim. Because the judgment rested on the mistaken premise that Badichi had made no response, the court vacated the partial summary judgment and remanded for further proceedings.
Loading published copy…

