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Garner Plumbing, Inc. v. Slate Construction, Inc.

The trial court erred in denying the plaintiff's motion for a new trial without holding a hearing.

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Garner Plumbing, Inc. Garner appeals from a judgment on a jury verdict in favor of Slate Construction, Inc. Slate on its claim against Slate for breach of contract. Garner appeals, challenging the denial of its motions for directed verdict and for a new trial. Because the trial court denied Garner’s motion for a new trial without holding a hearing, we vacate the judgment and remand this case for the required hearing. 1. The record reveals that on April 30, 2008, Garner filed a “Motion for Judgment Notwithstanding the Verdict or, In the Alternative, Motion for New Trial.” The trial court denied the motion on June 9, 2008 without holding a hearing.

Uniform Superior Court Rule 6.3 provides that: “Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.” See Barker v. Elrod , 291 Ga. App. 871 1 663 SE2d 289 2008. Although the record does not contain a request for a hearing filed by Garner, this rule “does not require a written request for oral argument on a motion for new trial.”1 Heston v. Lilly , 242 Ga. App. 902 1 531 SE2d 784 2000. “And this Court has consistently refused to find that the failure to hold oral argument is harmless error. To hold otherwise would not encourage adherence to the Uniform Rules and would render the mandated hearing a hollow right.” Citations and punctuation omitted. Id.; see Wright v. Barnes , 240 Ga. App. 684, 685 524 SE2d 758 1999.

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