Franco v. Cox

Smith, Chief Judge.

Maria Franco and Ron Harter appeal from an order granting summary judgment to Troy Cox in their action for damages arising from a boat/jet ski collision on Lake Lanier, contending that the summary judgment was erroneous for several reasons. We find no merit in the substance of Franco’s and Harter’s contentions that they are proper parties to this action. We do agree with them, however, that the real parties in interest defenses raised could not properly be adjudicated in a summary judgment. For that reason we vacate the trial court’s judgment and remand this case to the…