Legal Opinion

Simon v. Gunby

Court of Appeals of Georgia

Decided February 13, 2003No. A02A2025PublishedCited by 3 opinions

1Opinion of the Court

Miller, Judge.

Arthur Simon, M.D., and the Plastic Surgery Institute, P.C. appeal from the trial court’s denial of their motion for summary judgment on Judy Gunby’s malpractice claim. As res judicata bars Gunby’s complaint, we reverse.

To prevail at summary judgment under OCGA § 9-11-56 (c), the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of *4law. Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). The moving party may discharge its…

2Cases cited8 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Fowler v. VineyardSupreme Court of Georgia · 1991
  3. Burns v. DeesCourt of Appeals of Georgia · 2001
  4. Sorrells Construction Co. v. Chandler Armentrout & Roebuck, P.C.Court of Appeals of Georgia · 1994
  5. Roth v. Gulf Atlantic Media of Georgia, Inc.Court of Appeals of Georgia · 2000

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gunby v. SimonSupreme Court of Georgia · 2004
  2. In the Interest Of: K. M. S.Court of Appeals of Georgia · 2012
  3. Simon v. GunbyCourt of Appeals of Georgia · 2004

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