American Plan Corp. v. Beckham

I concur in the judgment in this case, but I do not agree with the holding in Headnote 1 that in order for a defendant to prevail in a motion for summary judgment "the undisputed facts as'disclosed by the pleadings and proof must negate some essential element of plaintiff’s claim . . .” (Emphasis supplied.) I hold to the proposition that in order for a defendant to show he is entitled to a summary judgment, the pleadings and proof must "negate all (not some) essential elements of plaintiff’s claim.”

The majority opinion cites as authority Mion Constr. Co. v. Rutledge, 123 Ga. App. 777, supra,…