First Christ Holiness Church, Inc. v. Owens Temple First Christ Holiness Church, Inc.

In dismissing this appeal, the majority ignores the fact that there does not exist any real party in interest who could be substituted as plaintiff. In these circumstances, the defense of “real party in interest” cannot constitute a matter in abatement. Thus, a motion for summary judgment was appropriate, and the grant of that motion was directly appealable pursuant to OCGA § 9-11-56 (h).

The trial court purported to grant the defendant congregation’s motion for summary judgment based upon lack of subject matter jurisdiction. However, we must consider the substance of that motion and order. “…