(Citations and punctuation omitted.) Bob v. Hardy, 222 Ga. App. 550, 554 (5) ( 474 SE2d 658) (1996). Thus, there being no genuine issue of material facts presented to the trial judge, the trial court did not err in granting summary judgment in favor of U.S. Markets. See Holland v. Sanfax Corp., 106 Ga. App. 1, 4 (1) ( 126 SE2d 442) (1962).
A grant of summary judgment that is right for any reason must be affirmed. Bob v. Hardy, 222 Ga. App. 550, 551 (1) ( 474 S.E.2d 658) (1996). Judgment affirmed. Andrews, P.J., and Ruffin, J., concur.
After Traino offered evidence supporting his motion for summary judgment, the Whites could no longer rest on their pleadings but were required to produce specific evidence to demonstrate the existence of disputed material facts. Bob v. Hardy, 222 Ga. App. 550, 554 (4) ( 474 S.E.2d 658) (1996). They failed to do so.
"[A] grant of summary judgment must be affirmed if it is right for any reason. [Cit.]" Bob v. Hardy, 222 Ga. App. 550, 551 (1) ( 474 S.E.2d 658) (1996). Viewed in the light most favorable to the non-movant, the evidence shows the following: On September 24, 1995, the Artzners and the O'Briens entered into a purchase and sale agreement in which the Artzners agreed to purchase the O'Briens' home located at 4347 Collingham Trace, N.E., Marietta, Cobb County, Georgia. The sales contract required that the O'Briens have the house inspected prior to closing by a licensed pest control operator and to provide at closing a letter stating that the house was free from visible evidence of active infestations caused by termites or other wood destroying organisms.
"[A] grant of summary judgment must be affirmed if it is right for any reason." Bob v. Hardy, 222 Ga. App. 550, 551(1) ( 474 S.E.2d 658) (1996). "A motion to dismiss may be granted only where a complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of his claim."
(Citations and punctuation omitted.) Bob v. Hardy, 222 Ga. App. 550, 554 ( 474 S.E.2d 658) (1996). Ira Jackson, having failed to support or address these enumerations of error, as drafted, in his brief with either citations of authority or argument, such enumerations of error are waived pursuant to Court of Appeals Rule 27 (c) (2).
We agree with the Anderson parties, however, that Parks' counterclaim contains no allegations of tortious interference with contract by Signage Consultants or the Realty Company. Summary judgment was therefore proper as to those entities. Bob v. Hardy, 222 Ga. App. 550, 551 (1) ( 474 S.E.2d 658) (1996) ("a grant of summary judgment must be affirmed if it is right for any reason"). g. Because some of Parks' tort counterclaims remain in the case, the assertion by the Anderson parties that they are entitled to summary judgment on Parks' claims for attorneys' fees and punitive damages is premature and without merit.
"[A] grant of summary judgment must be affirmed if it is right for any reason." Bob v. Hardy, 222 Ga. App. 550, 551 (1) ( 474 S.E.2d 658) (1996). Case No. A99A0162
"[A] grant of summary judgment must be affirmed if it is right for any reason." Bob v. Hardy, 222 Ga. App. 550, 551(1) ( 474 S.E.2d 658) (1996). In March 1994, Garner signed a contract guaranteeing payment for dental services provided by Dr. Roberts to Garner and his wife.
In passing on a motion for summary judgment, a finding of fact which may be inferred but is not demanded by circumstantial evidence has no probative value against positive and uncontradicted evidence that no such fact exists. Bob v. Hardy, 222 Ga. App. 550, 553 (4) ( 474 S.E.2d 658) (1996). While Lovins claims evidence that the employee did not see any customers in the area implies that she dropped the dip, this claim is without merit given the employee's testimony that she did not drop anything, inspected the area after setting up the samples, and saw no spills.