Clark v. Assurance Company of America

Deen, Chief Judge.

1. “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.” Meade v. Heimanson, 239 Ga. 177, 180 (236 SE2d 357) (1977).

2. Where the appellee plaintiff files suit against the defendant on open account, and thereafter files a motion for summary judgment supported by the affidavit…