Lumbermen's Underwriting Alliance v. Atlantic Wood Industries, Inc.

Carley, Presiding Judge.

Appellant-defendant moved for summary judgment on its res judicata defense. The trial court denied the motion and appellant appeals directly.

The grant of a motion for summary judgment is directly appealable, but the denial of a motion for summary judgment must be appealed in accordance with the interlocutory appeal provisions of OCGA § 5-6-34 (b). OCGA § 9-11-56 (h). Summary judgment is to be granted only if “there is no genuine issue as to any material fact and ... a judgment as a matter of law [is appropriate].” OCGA § 9-11-56 (c). The trial court’s order denying…