Pritchett v. Rainey

Bell, Chief Judge.

Plaintiff brought a two-count complaint. He made a motion for summary judgment as to Count 1. The motion was denied and the denial was certified for direct appeal. Held:

As plaintiff has failed to enumerate any error on the trial court’s omission to make an order under CPA § 56 (d) (Code Ann. § 81A-156 (d)), specifying whether certain facts appear without substantial controversy, we can only determine whether the court erred in denying the motion as to the whole count. Smith v. Allen, 115 Ga. App. 80, 81 (153 SE2d 648). In Count 1, plaintiff sought to recover an alleged…