American Plan Corp. v. Beckham

Jordan, Presiding Judge.

In this common law claim against American Plan Corporation, in the nature of an action for malicious use of civil process commenced in Fulton Superior Court in May, 1970, the defendant appeals the denial of a summary judgment. Held:

1. It is settled law that for a defendant to prevail as the movant for summary judgment the undisputed facts as disclosed by the pleadings and proof must negate some essential element of the plaintiff’s claim, thereby entitling the defendant to judgment as a matter of law. Mion Constr. Co. v. Rutledge, 123 Ga. App. 777 (182 SE2d 500); Taylor…