Legal Opinion

Peach Blossom Development Co. v. Lowe Electric Supply Co.

Court of Appeals of Georgia

Decided September 29, 2009No. A09A1698PublishedCited by 14 opinions

1Opinion of the Court

BLACKBURN, Presiding Judge.

Lowe Electric Supply Company (“Lowe”) initiated this litigation against Peach Blossom Development Co., Inc. (“Peach Blossom”) and Tom A. Brightman, seeking to recover on an open account belonging to Peach Blossom and personally guaranteed by Bright-man. Peach Blossom and Brightman now appeal from the trial court’s order granting summary judgment in favor of Lowe, arguing that the evidence demonstrates a genuine issue of material fact. We agree and reverse.

To defeat a motion for summary judgment “[t]he respondent does not have to present conclusive proof to rebut…

2Cases cited10 opinions

  1. Foskey v. SmithCourt of Appeals of Georgia · 1981
  2. Five Star Steel Construction, Inc. v. Klockner Namasco Corp.Court of Appeals of Georgia · 1999
  3. Smith v. ATLANTIC MUTUAL COMPANIESCourt of Appeals of Georgia · 2007
  4. Mountain Bound, Inc. v. Alliant Foodservice, Inc.Court of Appeals of Georgia · 2000
  5. Traditional Properties, Inc. v. Performance Food Group of Georgia, LLCCourt of Appeals of Georgia · 2008

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bradley v. WINN-DIXIE STORES, INC.Court of Appeals of Georgia · 2012
  2. Mindy Howerton v. Harbin ClinicCourt of Appeals of Georgia · 2015
  3. Lee v. SUNTRUST BANKCourt of Appeals of Georgia · 2012
  4. Crossing Park Properties, LLC v. Archer Capital Fund, L.P.Court of Appeals of Georgia · 2011
  5. Barrett v. BrittCourt of Appeals of Georgia · 2012

9 more not listed; retrieve them via the Exa API.

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