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Brooks v. RES-GA ALBC LLC

The trial court did not abuse its discretion in denying the defendant's motion to withdraw his admissions, since the motion was untimely, the defendant did not show that the admissions were incredible on their face, and he did not present credible evidence refuting them.

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Appellants A. L. Brooks & Company, also known as ALB & Company and Aaron Brooks hereinafter “Brooks” appeal from the trial court’s order granting summary judgment to Multibank 2009-1 RES-ADC Venture, LLC hereinafter “Multibank”. Brooks argues on appeal that the trial court erred in denying his motion to withdraw admissions and also in converting Multibank’s motion for judgment on the pleadings to a motion for summary judgment without providing him 30 days to respond pursuant to OCGA § 9-11-12 c and OCGA § 9-11-56 c. Upon our review, we affirm.

On January 28, 2009, FirstCity Bank filed a complaint on a note and guaranty against Brooks, alleging that the corporation was in default on the loan and Brooks, as the guarantor, was liable for the $3,509,043.74 due on the loan, prejudgment interest and attorneys fees . A copy of the note and Brooks’ guaranty were attached to the complaint. On March 13, 2009, Brooks , acting pro se, filed a “response to summons” on his and the company’s behalf in which he responded simply, “We do not agree with the amounts of the indebtedness owed to FirstCity Bank. We are also working closely with a client who has expressed genuine interest in purchasing the collateral.”

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