Scott v. Aetna Finance Company

2 Citing cases

  1. Morris Manning Ins. v. Morris

    439 S.E.2d 660 (Ga. Ct. App. 1993)   Cited 1 times

    "`(O)n motion for summary judgment the burden was upon the plaintiff, as movant, to conclusively establish the absence or nonexistence of any defense. ...' [Cit.]" Scott v. Aetna Finance Co., 201 Ga. App. 81, 82 ( 410 S.E.2d 203) (1991). If the moving party discharges its burden, "the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA ยง 9-11-56 (e).

  2. Atlanta Mechanical v. DeKalb County

    434 S.E.2d 494 (Ga. Ct. App. 1993)   Cited 2 times

    "`(O)n motion for summary judgment the burden was upon the plaintiff[s], as movant[s] to conclusively establish the absence or nonexistence of any defense. . . .' [Cit.]" Scott v. Aetna Finance Co., 201 Ga. App. 81, 82 ( 410 S.E.2d 203) (1991). "`The defendant's answer raised [other] issuable defense[s] which the proof offered by the plaintiff[s] failed to effectively negate.' [Cit.