Legal Opinion

Caldwell v. Gregory

Court of Appeals of Georgia

Decided October 9, 1969No. 44694PublishedCited by 22 opinions

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

  1. Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
  2. McCarty v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1962
  3. Chandler v. GatelyCourt of Appeals of Georgia · 1969
  4. Benefield v. MaloneCourt of Appeals of Georgia · 1965
  5. McCurry v. BaileySupreme Court of Georgia · 1968

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

3Cited by22 opinions

  1. Connell v. BlandCourt of Appeals of Georgia · 1970
  2. McNair v. JonesCourt of Appeals of Georgia · 1975
  3. Turner v. NoeCourt of Appeals of Georgia · 1973
  4. Elder v. SmithCourt of Appeals of Georgia · 1970
  5. Brown v. PierceCourt of Appeals of Georgia · 1985

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

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