Legal Opinion

Duke v. KHD Deutz of America Corp.

Court of Appeals of Georgia

Decided May 16, 1996No. A96A0740PublishedCited by 27 opinions

1Opinion of the Court

Ruffin, Judge.

John Duke appeals from the grant of partial summary judgment to KHD Deutz of America Corporation (“KHD”), the plaintiff in the underlying action on a guaranty. The trial court found Duke liable to KHD under the guaranty as a matter of law. For reasons which follow, we affirm.

Summary judgment is appropriate when the court, viewing all the evidence and drawing reasonable inferences in a light most favorable to the non-movant, concludes that the evidence does not create a triable issue as to each essential element of the case. Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474)…

2Cases cited5 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Baker v. Jellibeans, Inc.Supreme Court of Georgia · 1984
  3. Builder's Supply Corp. v. TaylorCourt of Appeals of Georgia · 1982
  4. Richard Haney Ford, Inc. v. Ford Dealer Computer ServicesCourt of Appeals of Georgia · 1995
  5. Tucker Station, Ltd. v. Chalet I, Inc.Court of Appeals of Georgia · 1992

3Cited by27 opinions

  1. Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
  2. Capital Color Printing, Inc. v. AhernCourt of Appeals of Georgia · 2008
  3. Sysco Food Services, Inc. v. ColemanCourt of Appeals of Georgia · 1997
  4. Dabbs v. KEY EQUIPMENT FINANCE, INC.Court of Appeals of Georgia · 2010
  5. Altama Delta Corp. v. HowellCourt of Appeals of Georgia · 1997

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