Legal Opinion · Dissent

Parks v. State Farm General Insurance

Court of Appeals of Georgia

Decided February 11, 1998No. A97A1738Published

1DissentBeasley, Judge

I respectfully dissent because the trial court was correct. I would adopt its order explaining the reasons for the grant of summary judgment to State Farm and the denial of summary judgment to plaintiff Parks. Considering the undisputed facts, there is an absence of evidence to support at least one essential element of the nonmoving party’s case, the test for summary judgment articulated in Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).

There never was a binder, and the mistake in the letters (there were two identical letters, one for each property) did not inadvertently create a…

2Cases cited5 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Peterson v. Liberty Mutual InsuranceCourt of Appeals of Georgia · 1988
  3. McDuffie v. Criterion Casualty Co.Court of Appeals of Georgia · 1994
  4. Malin v. Servisco, Inc.Court of Appeals of Georgia · 1984
  5. Karp v. Western Life InsuranceCourt of Appeals of Georgia · 1987

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