New Morn Foods, Inc. v. B & B Egg Co.

Mikell, Judge.

On July 19, 2004, New Morn Foods, Inc. (“New Morn”) brought this action against B & B Egg Company (“B & B”) seeking to recover $80,223.02 in costs incurred in repairing the septic system on real property that New Morn had subleased from B & B. The trial court granted partial summary judgment in favor of B & B, ruling that claims which arose more than six years before this action was filed were time-barred. New Morn appeals, and we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We apply…