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Monolith Companies LLC v. Hunter Douglas Hospitality Inc.

Although the plaintiff served its requests for admission on the defendant shortly after the expiration of the 6-month discovery period provided in Uniform Superior Court Rule 5.1, the trial court did not err in granting summary judgment to the plaintiff after the defendant failed to respond to the requests, thereby admitting that it was indebted to the plaintiff in the amount alleged in the complaint.

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In this action on a commercial account, the plaintiff, Hunter Douglas Hospitality, Inc. Hunter Douglas, filed a motion for summary judgment after the defendant, Monolith Companies, LLC Monolith, failed to respond to requests for admission. The trial court granted Hunter Douglas’ motion, and Monolith now appeals, arguing that the requests for admission were not timely under Uniform Superior Court Rule 5.1 and that the order granting summary judgment in Hunter Douglas’ favor contravened that rule. For the reasons set forth below, we affirm.

On appeal from the grant of summary judgment, we conduct a de novo review of the record and construe all evidence in the light most favorable to the nonmovant. Jackson v. Nemdegelt, Inc., 302 Ga. App. 767, 768 691 SE2d 653 2010. So viewed, the record shows that Hunter Douglas filed its complaint against Monolith on May 6, 2013 alleging that Monolith was indebted to it in the sum of $23,860.13 in principal, plus interest, on a commercial account. Following service of the summons and complaint, Monolith filed its answer on or about July 13, 2013. More than six months later, on January 21, 2014, Hunter Douglas served requests for admission, interrogatories, and requests for production on Monolith.

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