W. T. Grant Company v. Goodman

Full title: W. T. GRANT COMPANY et al. v. GOODMAN et al

Court: Court of Appeals of Georgia

Date published: Nov 14, 1974

211 S.E.2d 198 (Ga. Ct. App. 1974)

211 S.E.2d 198

Opinion

49834.

ARGUED NOVEMBER 5, 1974.

DECIDED NOVEMBER 14, 1974.

Action for damages. Fulton Superior Court. Before Judge Shaw.

Swift, Currie, McGhee Hiers, George W. Hart, Steve J. Davis, for appellants.

Levine, D'Alessio Cohn, Morton O. Levine, Thomas E. Raines, 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 Auth. v. Norair Engineering Corp., 131 Ga. App. 618 ( 206 S.E.2d 563) and cases cited.

2. Defendants having failed to carry their burden of 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.

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

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