W. T. Grant Co. v. Goodman

Court of Appeals of Georgia

W. T. Grant Co. v. Goodman

211 S.E.2d 198, 133 Ga. App. 321, 1974 Ga. App. LEXIS 1057

CourtCourt of Appeals of Georgia

DecidedNovember 14, 1974

Docket49834

StatusPublished

Cited by2 cases

This text of 211 S.E.2d 198 (W. T. Grant Co. v. Goodman) 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.

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W. T. Grant Co. v. Goodman, 211 S.E.2d 198, 133 Ga. App. 321, 1974 Ga. App. LEXIS 1057 (Ga. Ct. App. 1974).

Pincite

Opinion

Webb, Judge.

1. "The complaint was in two counts. Since the motion for summary judgment was made as to the whole case, it was not error to deny the motion if there was a genuine issue of fact relating to either count.” Cato v. English, 228 Ga. 120 (1) (184 SE2d 161). Accord: Georgia Ports Auth. v. Norair Engineering Corp., 131 Ga. App. 618 (206 SE2d 563) and cases cited.

2. Defendants having failed to carry their burden [322]*322of demonstrating that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law as to the whole case, the order of the trial court denying their motion as to the whole case must be affirmed.

Argued November 5, 1974 Decided November 14, 1974. Swift, Currie, McGhee & Hiers, George W. Hart, Steve J. Davis, for appellants. Levine, D’Alessio & Cohn, Morton O. Levine, Thomas E. Raines, for appellees.

Judgment affirmed.

Pannell, P. J., and Evans, J., concur.

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