Legal Opinion
Wilks v. Overall Construction, Inc.
Court of Appeals of Georgia
Decided January 13, 2009No. A08A2077PublishedCited by 3 opinions
1Opinion of the Court
Mikell, Judge.
Richard L. Wilks appeals from the trial court’s grant of summary judgment to Overall Construction, Inc. (“Overall”) and James C. Mitchell 1 on Wilks’s complaint alleging breach of a contract to improve real property. The claims arose out of a construction project on Wilks’s home. Because the complaint is barred by the applicable statute of limitation, OCGA § 9-3-24, we affirm.
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…
2Cases cited10 opinions
- Corporation of Mercer University v. National Gypsum Co.Supreme Court of Georgia · 1988
- Bennett v. Associated Food Stores, Inc.Court of Appeals of Georgia · 1968
- Space Leasing Associates v. Atlantic Building Systems, Inc.Court of Appeals of Georgia · 1977
- Costrini v. Hansen Architects, P.C.Court of Appeals of Georgia · 2000
- Fort Oglethorpe Associates II, Ltd. v. Hails Construction Co.Court of Appeals of Georgia · 1990
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3Cited by3 opinions
- Estate of Pitts v. City of AtlantaCourt of Appeals of Georgia · 2011
- Smith v. HILLTOP POOLS AND SPAS, INC.Court of Appeals of Georgia · 2010
- Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc.Court of Appeals of Georgia · 2021