Legal Opinion
DeKalb County v. C. W. Matthews Contracting Co.
Court of Appeals of Georgia
Decided March 13, 2002No. A01A2361PublishedCited by 2 opinions
1Opinion of the Court
Phipps, Judge.
DeKalb County sued C. W. Matthews Contracting Company, Inc. (Matthews) to recover expenses it incurred in repairing one of its sewer pipes that Matthews had punctured. The trial court held that the action was barred by the statute of limitation and granted sum mary judgment to Matthews. DeKalb County appeals. We vacate the judgment as premature and remand for consideration of whether the. statute of limitation was tolled by any fraudulent concealment by Matthews.
Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a…
2Cases cited8 opinions
- Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
- Corporation of Mercer University v. National Gypsum Co.Supreme Court of Georgia · 1988
- Hanna v. McWilliamsCourt of Appeals of Georgia · 1994
- Atlanta Gas Light Co. v. City of AtlantaCourt of Appeals of Georgia · 1981
- Gainesville v. DunlapSupreme Court of Georgia · 1917
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3Cited by2 opinions
- Coleman v. Daimlerchrysler Services of North America, LLCCourt of Appeals of Georgia · 2005
- Wilks v. Overall Construction, Inc.Court of Appeals of Georgia · 2009