Cox v. Frost

Full title: COX v. FROST

Court: Court of Appeals of Georgia

Date published: Oct 5, 1978

249 S.E.2d 695 (Ga. Ct. App. 1978)

147 Ga. App. 429

Opinion

56270.

ARGUED SEPTEMBER 11, 1978.

DECIDED OCTOBER 5, 1978.

Action on account. Clarke Superior Court. Before Judge Gaines.

James W. Smith, for appellant.

Harvey, Willard, Elliott Olsen, E. Christopher Harvey, Alan C. Harvey, for appellee.

SMITH, Judge.

The plaintiff, movant for summary judgment, having introduced evidence showing that there was no genuine issue of material fact and that it was entitled to prevail on the undisputed facts, and the defendant having then rested on its pleadings without offering any evidence to suggest any remaining factual issue, the trial court's grant of the motion for summary judgment was correct. E. g., McCracken v. Gainesville Tribune, 146 Ga. App. 274, 277 ( 246 S.E.2d 360) (1978).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

ARGUED SEPTEMBER 11, 1978 — DECIDED OCTOBER 5, 1978.