Meade v. Heimanson, 236 S.E.2d 357 (Ga. 1977). · Go Syfert
Meade v. Heimanson, 236 S.E.2d 357 (Ga. 1977). Cases Citing This Book View Copy Cite
178 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: CALLAWAY Et Al. v. GARNER Et Al. (gactapp, 2017-02-08)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) CALLAWAY Et Al. v. GARNER Et Al.
Ga. Ct. App. · 2017 · confidence medium
Additional evidence will not be admitted on appeal.” (punctuation omitted)); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977) (same); RC Cola Bottling Co. v. Vann, 220 Ga. App. 479, 480 (1) ( 469 SE2d 523 ) (1996) (same); see also Jones v. O’Day, 303 Ga. App. 159 , 162-63 n.4 ( 692 SE2d 774 ) (2010) (holding that a deposition that was not presented to the trial court could not be considered on appeal); Ga. Farm Bureau Mut.
cited Cited as authority (rule) Dental One Asssociates, Inc. v. JKR Realty Associates, Ltd.
Ga. · 1998 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Sellers v. Air Therm Co.
Ga. Ct. App. · 1998 · confidence medium
OCGA § 9-11-56 (e); Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Givens v. Ichauway, Inc.
Ga. · 1997 · confidence medium
Additional evidence will not be admitted on appeal.” Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Bruno’s Food Stores, Inc. v. Taylor
Ga. Ct. App. · 1997 · confidence medium
OCGA § 9-11-56 (e); Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Willig v. Shelnutt
Ga. Ct. App. · 1997 · confidence medium
The opposite party must come forward with rebuttal evidence at that time, or suffer judgment against him.” (Emphasis omitted.) Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) RC Cola Bottling Co., Inc. v. Vann
Ga. Ct. App. · 1996 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).” (Punctuation omitted; emphasis in original.) Lawal v. Stanley Bostitch Co., 209 Ga. App. 439, 440 ( 433 SE2d 706 ) (1993).
discussed Cited as authority (rule) Clark v. Chick-Fil-A, Inc.
Ga. Ct. App. · 1994 · confidence medium
Accordingly, Clark “may not rest upon his complaint but must come forward with his case in full in order to show there is a genuine issue [of fact].” Meade v. Heimanson, 239 Ga. 177, 179 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Miller v. Rieser
Ga. Ct. App. · 1994 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Lawal v. Stanley Bostitch Co., 209 Ga. App. 439, 440 ( 433 SE2d 706 ) (1993); Dove v. Nat.
discussed Cited as authority (rule) Wright v. Transus, Inc. (2×)
Ga. Ct. App. · 1993 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); [cit.]." Bright v. Knecht, 182 Ga. App. 820, 821 ( 357 SE2d 159 ) (1987).
cited Cited as authority (rule) Lawal v. Stanley Bostitch Co.
Ga. Ct. App. · 1993 · confidence medium
Additional evidence will not be admitted on appeal.” Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977). *441 Decided July 13, 1993.
cited Cited as authority (rule) Porter v. Felker
Ga. · 1991 · confidence medium
OCGA § 9-11-56 (e); Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ) (1977).
discussed Cited as authority (rule) S & W Masonry Contractor, Inc. v. Jamison Co.
Ga. Ct. App. · 1991 · confidence medium
The opposite party must come forward with rebuttal evidence at that time, or suffer judgment against him. . . .’ [Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ).]” Bradley v. Tattnall Bank, 170 Ga. App. 821, 825 (2), 826 ( 318 SE2d 657 ).
discussed Cited as authority (rule) Green v. Sun Trust Banks, Inc.
Ga. Ct. App. · 1990 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); [Cit.]” Bright v. Knecht, 182 Ga. App. 820, 821 ( 357 SE2d 159 ) (1987). “[A] party resisting summary judgment, in addition to coming forward with evidence which is sufficient to create a genuine issue of material fact, must present some credible warrant for its admissibility.” Wilson v. Nichols, 253 Ga. 84, 86 (3) ( 316 SE2d 752 ) (1984).
cited Cited as authority (rule) Derry v. Clements
Ga. Ct. App. · 1990 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Riverbend Ford-Mercury, Inc. v. Kirksey
Ga. Ct. App. · 1990 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Proctor & Gamble Paper Products Co. v. Yeargin Construction Co.
Ga. Ct. App. · 1990 · confidence medium
Assn., 178 Ga. App. 542 (1), 543 ( 343 SE2d 755 ) (1986); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Coleman v. McDonald’s Corp., 185 Ga. App. 628, 629 ( 365 SE2d 282 ) (1988).
discussed Cited as authority (rule) Powell v. Sadlier
Ga. Ct. App. · 1990 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Harrison v. Massey-Ferguson Credit Corp., 175 Ga. App. 752, 753 (1) ( 334 SE2d 352 ) (1985).” Bright v. Knecht, 182 Ga. App. 820, 821 ( 357 SE2d 159 ).
discussed Cited as authority (rule) Stone v. Dayton Hudson Corp.
Ga. Ct. App. · 1989 · confidence medium
Thus, once a movant/defendant pierces the opposing party/plaintiff’s pleadings, the burden shifts to the opposing party/plaintiff who “must come forward with rebuttal evidence at that time, or suffer [summary] judgment against him.” Meade v. Heimanson, 239 Ga. 177, 179-180 ( 236 SE2d 357 ).
cited Cited as authority (rule) Baughcum v. Cecil Key Paving, Inc.
Ga. Ct. App. · 1989 · confidence medium
Assn., 178 Ga. App. 542, 543 (1) ( 343 SE2d 755 ) (1986); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Coleman v. McDonald’s Corp., 185 Ga. App. 628, 629 ( 365 SE2d 282 ) (1988). 2.
cited Cited as authority (rule) Evans v. Richardson
Ga. Ct. App. · 1989 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 (236 *754 SE2d 357) (1977) [Cit.]” Bright v. Knecht, 182 Ga. App. 820, 821 ( 357 SE2d 159 ) (1987).
cited Cited as authority (rule) Hinkley v. Building Material Merchants Ass'n of Georgia, Inc.
Ga. Ct. App. · 1988 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); [Cit.]” Bright v. Knecht, 182 Ga. App. 820, 821 ( 357 SE2d 159 ) (1987).
cited Cited as authority (rule) Bright v. Knecht
Ga. Ct. App. · 1987 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Harrison v. Massey-Ferguson Credit Corp., 175 Ga. App. 752, 753 (1) ( 334 SE2d 352 ) (1985).
cited Cited as authority (rule) Bray v. Dixon
Ga. Ct. App. · 1985 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Nowell v. Fain
Ga. Ct. App. · 1985 · confidence medium
Additional evidence will not be admitted on appeal.” Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) In re R. L. M.
Ga. Ct. App. · 1984 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ); Holzmeister v. State, 156 Ga. App. 94 (1) ( 274 SE2d 109 ).
cited Cited as authority (rule) In Re RLM
Ga. Ct. App. · 1984 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ); Holzmeister v. State, 156 Ga. App. 94 (1) ( 274 SE2d 109 ).
examined Cited as authority (rule) Bradley v. Tattnall Bank (4×)
Ga. Ct. App. · 1984 · confidence medium
Neither the trial court nor the plaintiff, nor this court, for that matter, can tell what defense was intended at that time.” Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ).
cited Cited as authority (rule) London v. Bank of the South
Ga. Ct. App. · 1984 · confidence medium
The defendant failed to rebut the evidence presented in any way.” Meade v. Heimanson, 239 Ga. 177, 179 ( 236 SE2d 357 ) (1977).
discussed Cited as authority (rule) Concert Promotions, Inc. v. Haas & Dodd, Inc.
Ga. Ct. App. · 1983 · confidence medium
OCGA § 9-11-56 (e) (Code Ann. § 81A-156 (e)), supra; Holland v. Tri-City Hospital Auth., 162 Ga. App. 256 (1) ( 291 SE2d 107 ); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ); Skinner v. Humble Oil & Refining Co., 145 Ga. App. 372, 374 (3) ( 243 SE2d 732 ).
cited Cited as authority (rule) Daniels v. Allstate Insurance
Ga. Ct. App. · 1982 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ).
cited Cited as authority (rule) Peterson v. Midas Realty Corp.
Ga. Ct. App. · 1981 · confidence medium
If he does not so respond, summary judgment, if appropriate shall be entered against him.” Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ).
cited Cited as authority (rule) Vickers v. Chrysler Credit Corp.
Ga. Ct. App. · 1981 · confidence medium
Wilson v. Baxley State Bank, 155 Ga. App. 507 ( 271 SE2d 655 ) (1980); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Ambrose v. E.
discussed Cited as authority (rule) West v. Sprayberry
Ga. · 1981 · confidence medium
II. “ ‘The purpose of the Summary Judgment Act is to eliminate the necessity for a trial by jury where, giving the opposing party the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence, there is no genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law.’ ” Meade v. Heimanson, 239 Ga. 177, 179-80 ( 236 SE2d 357 ) (1977); Code Ann. § 81A-156 (c).
discussed Cited as authority (rule) Mimms v. Sisk Decorating Co.
Ga. Ct. App. · 1980 · confidence medium
“When the movant for summary'judgment presents evidence apparently destroying the plaintiff’s cause of action, the movant has met his burden, and the *575 burden then shifts to the plaintiff to present any alternative theories, if such exist, which would support his action and within which genuine issues of fact remain.” Gerald v. Ameron Automotive Ctrs., 145 Ga. App. 200 (2) ( 243 SE2d 565 ); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ). “ ‘[I]f when given notice and opportunity to produce affidavits by persons competent to, testify on their own knowledge to the truth of su…
cited Cited as authority (rule) Clark v. Assurance Company of America
Ga. Ct. App. · 1980 · confidence medium
The opposite party must come forward with rebuttal evidence at that time, or suffer judgment against him.” Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977). 2.
discussed Cited as authority (rule) Hart v. Trust Co. of Columbus
Ga. Ct. App. · 1980 · confidence medium
Co., 151 Ga. App. 104, 105 ( 258 SE2d 760 ) (1979) ; Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977); Hathcock v. National Bank of Ga., 147 Ga. App. 134 ( 248 SE2d 206 ) (1978). *331 Submitted January 14, 1980 Decided April 11, 1980.
discussed Cited as authority (rule) BUDDY'S APPLIANCE CENTER, INC. v. Amana Refrigeration, Inc.
Ga. Ct. App. · 1979 · confidence medium
Trust, supra. "This pierced the defense, sufficient to shift the burden to the defendant to go forward and show by affidavits or otherwise that there was a genuine issue to be tried.” Meade v. Heimanson, 239 Ga. 177, 179 ( 236 SE2d 357 ) (1977).
discussed Cited as authority (rule) Reuben v. First National Bank
Ga. Ct. App. · 1979 · confidence medium
"The purpose of the Summary Judgment Act, as we have interpreted it, would be defeated if a party opposing a motion for summary judgment was permitted to defeat the motion by suggesting so vague a defense as to prevent the movant or the court from ascertaining the theory behind the defense.” Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
discussed Cited as authority (rule) Allen Kane's Major Dodge, Inc. v. Barnes
Ga. · 1979 · confidence medium
The general rule with regard to motions for summary judgment is: "When a motion for summary judgment is made and supported by evidence outside the pleadings, an adverse party may not rest upon the mere allegations or denials of his pleadings, but his response, by affidavits or otherwise, must set forth specific facts showing that there is a genuine issue for trial.” Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ) (1977).
discussed Cited as authority (rule) Hathcock v. National Bank of Georgia
Ga. Ct. App. · 1978 · confidence medium
The respondent at that stage of the proceeding failed to come forward with any evidence so as to create an issue of fact to be decided by a jury.” Meade v. Heimanson, 239 Ga. 177, 180-181 ( 236 SE2d 357 ) (1977).
cited Cited as authority (rule) Stephens v. Tate
Ga. Ct. App. · 1978 · confidence medium
Additional evidence will not be admitted on appeal.” Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ).
discussed Cited as authority (rule) Tally v. Atlanta National Real Estate Trust
Ga. Ct. App. · 1978 · confidence medium
See Code Ann. § 81A-156(e) (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238); Summer-Minter & Assoc. v. Giordano, 231 Ga. 601, 604 ( 203 SE2d 173 ); Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ).
cited Cited as authority (rule) Cooper v. Public Finance Corp.
Ga. Ct. App. · 1978 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ).
discussed Cited as authority (rule) Skinner v. Humble Oil & Refining Co.
Ga. Ct. App. · 1978 · confidence medium
If he does not so respond, summary judgment, if appropriate shall be entered against him, Summer-Minter & Assoc. v. Giordano, 231 Ga. 601 ( 203 SE2d 173 ) (1974); Crutcher v. Crawford Land Co., 220 Ga. 298 ( 138 SE2d 580 ) (1964).” Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ) (1977). " 'The purpose of the Summary Judgment Act... is to eliminate the necessity for a trial by jury where, giving the opposing party the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence, there is no genuine issue as to any material fact, and the moving party …
cited Cited as authority (rule) Sloan v. Hobbs Sporting Goods Shop
Ga. Ct. App. · 1978 · confidence medium
Meade v. Heimanson, 239 Ga. 177, 178 ( 236 SE2d 357 ).
cited Cited as authority (rule) Goodman v. St. Joseph's Infirmary, Inc.
Ga. Ct. App. · 1978 · confidence medium
One opposing the motion must present the essence of his case or else suffer judgment against him.” Meade v. Heimanson, 239 Ga. 177, 178, 180 ( 236 SE2d 357 ).
discussed Cited "see" Jordan v. Atlanta Replex Corp. (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See *674 Meade v. Heimanson, 239 Ga. 177 ( 236 SE2d 357 ) (1977).” (Punctuation omitted.) Alterman Foods v. Ligon, 246, Ga. 620, 624-625 ( 272 SE2d 327 ) (1980).
discussed Cited "see" Roth v. McDaniel Enterprises, Inc. (2×)
Ga. Ct. App. · 1989 · signal: accord · confidence high
Bright v. Knecht, 182 Ga. App. 820, 821 ( 357 SE2d 159 ); accord Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ).
examined Cited "see" Franklin v. Elmer (4×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Meade v. Heimanson, 239 Ga. 177, 180 ( 236 SE2d 357 ) (1977).
Meade
v.
Heimanson
32005.
Supreme Court of Georgia.
Jun 8, 1977.
236 S.E.2d 357
Smith, Harman, Asbill, Roach & Nellis, Richard D. Elliott, for appellant., Neil L. Heimanson, pro se.
Bowles.
Cited by 85 opinions  |  Published
Bowles, Justice.

This court granted a writ of certiorari to decide whether and to what extent a plaintiff moving for summary judgment in a suit on a promissory note is required to respond to the defendant’s allegation that "the plaintiff has failed to comply with the Georgia law governing suits upon such instruments.”

The case is one in which Donald R. Meade filed suit against Neil L. Heimanson to recover $1,500, plus interest and attorney fees, due on an unsecured promissory note. In response to the complaint, Heimanson filed an answer denying most of the allegations of the complaint and[*178] pleading the affirmative defenses of failure to state a claim, total failure of consideration, and failure to "comply with the Georgia Law governing suits upon such instruments.”

Meade filed a motion for summary judgment, supported by affidavit, and Heimanson responded with a motion for summary judgment, unsupported by affidavit. Both motions for summary judgment were heard by the trial judge, who had before him the pleadings filed by both parties, Meade’s responses to a request for admissions propounded by Heimanson, the affidavit of Meade, and the oral argument of the parties.

The trial court entered an order granting summary judgment to Meade and denying summary judgment to Heimanson. Heimanson appealed the decision to the Court of Appeals, alleging in part, that Meade had failed to make tax returns on the note as intangible property and was barred from prosecuting the action on the note by Code Ann. § 92-125. The Court of Appeals reversed the judgment of the trial court, holding that Meade had failed to pierce the defense of total failure of consideration and the defense of failure to pay intangible taxes on the promissory note, and, therefore, was not entitled to summary judgment.

Code Ann.§ 81A-156 (e) provides that when a motion for summary judgment is made and supported by evidence outside the pleadings, an adverse party may not rest upon the mere allegations or denials of his pleadings, but his response, by affidavits or otherwise, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate shall be entered against him. Summer-Minter & Assoc. v. Giordano, 231 Ga. 601 (203 SE2d 173) (1974); Crutcher v. Crawford Land Co., 220 Ga. 298 (138 SE2d 580) (1964); Ga. L. 1966, pp. 609, 634.

In the instant case, the defendant in his pleadings or otherwise gave no indication as to the manner in which petitioner "failed to comply with Georgia law.” Such a claim is not notice of a defense. Neither the trial court nor the plaintiff, nor this court, for that matter, can tell what defense was intended at that time. On appeal, however, he contended that petitoner wilfully failed to list certain[*179] property for taxation in violation of Code Ann. § 92-126.

At the time the trial court ruled on the motion for summary judgment, it had before it evidence which showed that petitioner was and had been a resident of the State of Florida since November 1,1972; the situs of the promissory note on January 1,1973, was Florida; the note was not secured by property located in Georgia; and the transaction was not part of any ongoing business operation so as to provide a sufficient nexus to meet the demands of substantive due process. See Columbus Mut. Life Ins. Co. v. Gullatt, 189 Ga. 747 (8 SE2d 38) (1940); Davis v. Penn. Mut. Life Ins. Co., 198 Ga. 550 (32 SE2d 180) (1944); First Fed. Savings & Loan Assn. v. Abbott, 231 Ga. 864 (204 SE2d 594) (1958); Columbia Bank for Cooperatives v. Blackmon, 232 Ga. 344 (206 SE2d 424) (1974). This evidence was uncontradicted by any affidavit or admission made by the defendant. The record before the trial court showed that the note was good. There was no evidence that all legal requirements had not been complied with, other than a bare allegation presented in a pleading. Nothing in the record at that time indicated that the petitioner had wilfully failed to pay an intangible tax on the note. Under the facts, petitioner was not obligated for intangible taxes.

As to the allegation of total failure of consideration presented in the defense, the affidavit of petitioner denied that there was a failure of consideration in the transaction in that he accepted defendant’s promissory note as partial payment of the purchase price of a house and lot. In his original answer, defendant admitted he resided at the address of the property referred to in petitioner’s affidavit. As left undenied, these facts showed, prima facie, that consideration in the form of realty had been given for the note and that the consideration had value in that it was used by defendant as his residence as of November 13,1975. This pierced the defense, sufficient to shift the burden to the defendant to go forward and show by affidavits or otherwise that there was a genuine issue to be tried. The defendant failed to rebut the evidence presented in any way.

As the Court of Appeals stated in Holland v. Sanfax Corp., 106 Ga. App. 1 (126 SE2d 442), "The purpose of the[*180] Summary Judgment Act... is to eliminate the necessity for a trial by jury where, giving the opposing party the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence, there is no genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law.” This court went on to state in Crutcher v. Crawford Land Co., supra, that the Act "was clearly intended to dispose of litigation expeditiously and avoid useless time and expense to go through a jury trial, even though the petition fairly bristles with serious allegations, if when given notice and opportunity to produce affidavits by persons competent to testify on their own knowledge to the truth of such allegations, the pleader does nothing to contradict the affidavits of the movant which show there is no right of the opposite party to prevail.” P. 303.

As written, Code Ann.. § 81A-156 places the burden on the. moving party to show that no material issues of fact exist. The burden of proof can be shifted, however, when a prima facie showing is made that the moving party is entitled to judgment as a matter of law. The opposite party must come forward with rebuttal evidence at that time, or suffer judgment against him. Appellate courts will review only evidence presented to the trial court before its ruling on the motion. Additional evidence will not be admitted on appeal.

The purpose of the Summary Judgment Act, as we have interpreted it, would be defeated if a party opposing a motion for summary judgment was permitted to defeat the motion by suggesting so vague a defense as to prevent the movant or the court from ascertaining the theory behind the defense. One opposing the motion must present the essense of his case or else suffer judgment against him. As stated in the Act itself, a response "must set forth specific facts showing that there is a genuine issue for trial.”

We find that the Court of Appeals erred in its reversal of the trial court’s grant of summary judgment to the petitioner. The petitioner presented, prima facie, by the pleadings and his affidavit, that he was entitled to judgment on the promissory note. The respondent at that stage of the proceeding failed to come forward with any[*181] evidence so as to create an issue of fact to be decided by a jury. His answer and special defenses having been pierced by plaintiff’s showing, the trial court properly granted petitioner’s motion for summary judgment.

Argued March 14, 1977 Decided June 8, 1977. Smith, Harman, Asbill, Roach & Nellis, Richard D. Elliott, for appellant. Neil L. Heimanson, pro se.

Judgment reversed.

All the Justices concur.