Southeastern Erection Co. v. Flagler Co.

Ebbrhardt, Judge.

This case raises the issue of whether a codefendant in a tort action has standing to oppose a motion for 'summary judgment made by the other codefendant. It is urged that the other codefendant is not, relative to that proceeding, an adverse party, but we do not think that a fair interpretation of the Act. The Summary Judgment Act (Code Ann. § 110-1201, et seq.) specifically makes reference to the “party opposing the motion” but nowhere defines that party as being either a plaintiff or defendant. Nor does the provision for review of an order granting the motion (Code Ann. §…