Lane v. Pardue

Court of Appeals of Georgia

Lane v. Pardue

250 S.E.2d 574, 147 Ga. App. 877, 1978 Ga. App. LEXIS 2986

CourtCourt of Appeals of Georgia

DecidedNovember 2, 1978

Docket56708

StatusPublished

Cited by1 cases

This text of 250 S.E.2d 574 (Lane v. Pardue) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lane v. Pardue, 250 S.E.2d 574, 147 Ga. App. 877, 1978 Ga. App. LEXIS 2986 (Ga. Ct. App. 1978).

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Opinion

Webb, Judge.

On a defendant’s motion for summary judgment in a suit seeking recovery for violation of the Securities Act of 1973, Code Ann. § 97-101 et seq., it is not the function of the court to determine the facts or reconcile the issues as to whether the defendant falls within the class upon which liability is imposed by the Act (Code Ann. § 97-114), but only to ascertain if there are such issues. Townsend v. Rollins, 142 Ga. App. 668 (1) (236 SE2d 699) (1977). Defendant here has not carried his summary judgment [878]*878burden of so excluding himself, and consequently the grant of summary judgment to him is reversed.

Argued October 16, 1978 Decided November 2, 1978. Peek & Whaley, John E. Sacker, Jr., for appellant. Norman Estes Smith, William R. Pardue, for appellee.

Judgment reversed.

Quillian, P. J., and McMurray, J., concur.

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Webb, Judge.

On a defendant’s motion for summary judgment in a suit seeking recovery for violation of the Securities Act of 1973, Code Ann. § 97-101 et seq., it is not the function of the court to determine the facts or reconcile the issues as to whether the defendant falls within the class upon which liability is imposed by the Act (Code Ann. § 97-114), but only to ascertain if there are such issues. Townsend v. Rollins, 142 Ga. App. 668 (1) (236 SE2d 699) (1977). Defendant here has not carried his summary judgment [878]*878burden of so excluding himself, and consequently the grant of summary judgment to him is reversed.

Argued October 16, 1978 Decided November 2, 1978. Peek & Whaley, John E. Sacker, Jr., for appellant. Norman Estes Smith, William R. Pardue, for appellee.

Judgment reversed.

Quillian, P. J., and McMurray, J., concur.

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Bluebook (online)

250 S.E.2d 574, 147 Ga. App. 877, 1978 Ga. App. LEXIS 2986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-pardue-gactapp-1978.

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