Dehler v. Golden Age Retirement, Inc.

Full title: DEHLER et al. v. GOLDEN AGE RETIREMENT, INC. et al

Court: Court of Appeals of Georgia

Date published: Nov 14, 1974

211 S.E.2d 199 (Ga. Ct. App. 1974)

211 S.E.2d 199

Opinion

49870.

ARGUED NOVEMBER 5, 1974.

DECIDED NOVEMBER 14, 1974.

Action on contract. Fulton Civil Court. Before Judge Camp.

Roy J. Leite, Jr., for appellants. Ross Finch, A. Russell Blank, Dean, Setliff Bowman, William T. Dean, Jr., for appellees.

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 S.E.2d 161). Accord: Georgia Ports Authority v. Norair Engineering Corp., 131 Ga. App. 618 ( 206 S.E.2d 563) and cases cited.

2. The complaint here is in three counts (a fourth count was voluntarily dismissed), and the motion for summary judgment was made as to all relief prayed for in the three counts. Since there is at least a genuine issue of material fact as to a portion of the relief sought in Count 3, it was not error to deny the motion.

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

ARGUED NOVEMBER 5, 1974 — DECIDED NOVEMBER 14, 1974.