THOR GALLERY AT SOUTH DeKALB, LLC v. MONGER Et Al.

I respectfully dissent. The trial court had jurisdiction to rule in this action. So I would decide the merits.

As detailed below, I would affirm the trial court’s denial of summary judgment to Thor Gallery on both Thor Gallery’s claims and Monger’s counterclaim. I also would affirm the trial court’s grant of summary judgment to Monger on Thor Gallery’s claims. Because a factual issue exists as to whether Monger was entitled to rescind the contract and recover its security deposit, however, I would reverse the trial court’s grant of summary judgment to Monger3 on its counterclaim.

1. Trial…