Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs