Hyre v. Paxson

In Hyre v. Paxson, 214 Ga. App. 552 (449 SE2d 120) (1994), the Court found that the appellant, through the conduct of her bankruptcy counsel, in effect consented to the lifting of the stay in the bankruptcy proceeding by not attending the hearing to lift the stay and otherwise offering no opposition to those proceedings; in fact, counsel in that case sent a letter to opposing counsel advising that they had no such opposition. Id. at 554 (3). In Hyre "normally, the question of waiver is a matter for the jury" unless, as was the situation in that case, "the facts and circumstances essential to the waiver issue are clearly established." Id.