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Byrd v. Rachaman

Absent a transcript, the trial court presumably did not err in denying the defendant's motion to withdraw his admissions.

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The State Court of Fayette County granted the motion for summary judgment filed by Hamza Rachaman in his suit against Tyrone Byrd for breach of a promissory note. The trial court based its summary judgment ruling, in part, on admissions Byrd made when he failed to serve timely responses to Rachaman’s requests for admission pursuant to OCGA § 9-11-36. Byrd appeals, contending that the trial court erred in denying his motion to withdraw his admissions. Byrd contends that, without his admissions, questions of material fact preclude summary judgment on Rachaman’s claims. In denying Byrd’s motion to withdraw his admissions, the trial court found after a hearing that Byrd failed to set forth the proper legal basis for such a motion.1 Because we have no transcript of the hearing on the motion to withdraw, and because “there is a presumption that a trial court acts properly in the exercise of its duties,” this Court must assume that the trial court was authorized to conclude that Byrd failed to demonstrate that presentation of the merits of the case would be subserved by the withdrawal. Citation omitted. Kicklighter v. Blocker , 164 Ga. App. 306, 309 1 297 SE2d 83 1982. See also Fox Run Properties v. Murray , 288 Ga. App. at 570 1 this Court “will not disturb the trial court’s ruling on a motion to withdraw admissions absent a showing of abuse of discretion” citation omitted. Because Byrd’s judicial admissions are sufficient to prove Rachaman’s case, Byrd has not shown any basis for reversing the trial court’s summary judgment order. F.P.I. Atlanta v. Price , 211 Ga. App. 634, 636 2 440 SE2d 63 1994.2 Judgment affirmed. Blackburn, P.J., and Miller, J., concur .

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