Applebury v. Teachers' Retirement System

Miller, Judge.

Richard Applebury appeals from a grant of summary judgment to Teachers’ Retirement System of Georgia (TRS) in its action to recover money paid to Applebury in the wake of his mother’s death. Since we find that genuine issues of fact remain concerning both TRS’s negligence in continuing to make the payments and Apple-bury’s lack of good faith in failing to notify TRS of his mother’s death, we must reverse.

On appeal from a grant or denial of a motion of summary judgment, we review the evidence de novo, viewing it in the light most favorable to the nonmovant, to determine whether…