Caldwell v. Gregory
Court of Appeals of Georgia
1Opinion of the Court
Evans, Judge.
In considering a motion for summary judgment, the purpose is to eliminate the necessity for a jury trial where there is no genuine issue as to any material facts, and the moving party is entitled to a judgment as a matter of law. Code Ann. § 81A-156 (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238); Holland v. Sanfax Cory., 106 Ga. App. 1, 4 (126 SE2d 442), and citations. The burden is upon the movant to pierce the pleadings, to establish the lack of a genuine issue of fact, and the movant’s right to judgment as a matter of law, but any doubt as to the existence of such issue or…
2Cases cited18 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- McCarty v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1962
- Chandler v. GatelyCourt of Appeals of Georgia · 1969
- Benefield v. MaloneCourt of Appeals of Georgia · 1965
- McCurry v. BaileySupreme Court of Georgia · 1968
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Connell v. BlandCourt of Appeals of Georgia · 1970
- McNair v. JonesCourt of Appeals of Georgia · 1975
- Turner v. NoeCourt of Appeals of Georgia · 1973
- Elder v. SmithCourt of Appeals of Georgia · 1970
- Brown v. PierceCourt of Appeals of Georgia · 1985
17 more not listed; retrieve them via the Exa API.