Margie McRae sued Glynn County officers and officials after a late-night traffic stop that she alleged was racially motivated and unsupported by reasonable suspicion. The trial court granted summary judgment after McRae failed to respond on time and later denied her motion to vacate while a motion to recuse the judge was pending. In this companion appeal, the Georgia Court of Appeals held that the merits ruling during the pending recusal motion was invalid after the judge recused herself. It also held that there is no default summary judgment: failure to respond waives the opponent’s evidentiary response but does not eliminate the court’s duty to determine whether judgment is legally warranted. The record contained factual disputes about the stop, the officer’s account, and evidence relevant to qualified immunity, while McRae’s substantive claims remained unaddressed. The court therefore affirmed in part, vacated in part, and remanded for further proceedings, leaving the merits unresolved.