Fitzgerald Water, Light & Bond Commission v. Shaw Industries, Inc.

Ellington, Judge.

Fitzgerald Water, Light & Bond Commission (“the Commission”) appeals from the superior court’s order denying its motion for summary judgment on Shaw Industries, Inc.’s counterclaims based upon alleged overpayments for electrical service. Because the doctrine of voluntary payment bars Shaw Industries’ claims, the trial court erred in denying the motion for summary judgment.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de novo standard of review applies to an appeal…