Cruce v. Randall

Marshall, Justice.

We granted certiorari in this case to determine the narrow issue of whether it was proper to enter summary judgment in favor of the nonmoving party plaintiff as-well as for the movant party plaintiff, absent written notice or waiver thereof, on the ground that the issues were the same as those involved in the movant’s motion, of which the opposite parties had notice.

We will not set forth all of the facts in the case, which may be found in the Court of Appeals’ opinion. Cruce v. Randall, 152 Ga. App. 183 (262 SE2d 488) (1979). Suffice it to say that the two plaintiffs were…