Genson v. The Varsity, Inc., 48199
| Decision Date | 10 September 1973 |
| Docket Number | No. 3,No. 48199,48199,3 |
| Citation | 201 S.E.2d 156,129 Ga.App. 721 |
| Parties | Earl GENSON et al. v. THE VARSITY, INC., et al |
| Court | Georgia Court of Appeals |
John E. Dougherty, Henry M. Murff, Atlanta, for appellants.
Long, Weinberg, Ansley & Wheeler, Ben L. Weinberg, Jr., George H. Connell, Jr., Atlanta, for appellees.
Syllabus Opinion by the Court
Defendant, The Varsity, Inc., having failed to carry its burden of showing that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law, the order granting it summary judgment is reversed.
This reversal results from the application of the strict rules which we have developed as requirements relative to the supporting of a motion for summary judgment where the motion is made by one not having the burden of proof at the trial. If the motion were for directed verdict and the evidence were the same, or substantially so, we might very well reach a different result.
Judgment reversed.
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Preiser v. Jim Letts Oldsmobile, Inc.
...a different result might be reached if Jim Letts' motion were for directed verdict rather than summary judgment, Genson v. The Varsity, 129 Ga.App. 721, 201 S.E.2d 156 (1973), we are unable to agree that Jim Letts was erroneously denied summary judgment as to the fraudulent misrepresentatio......
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PPG Industries, Inc. v. Genson
...was granted; and in a prior appeal we reversed, holding that it had failed to carry its summary judgment burden. Genson v. The Varsity, Inc., 129 Ga.App. 721, 201 S.E.2d 156 (cert. den.). For another glass case, see Moody v. Southland Investment Corp., 126 Ga.App. 225, 190 S.E.2d 578. Meanw......
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Tri-Cities Hospital Authority v. Sheats
...verdict and the evidence were the same, or substantially so, we might very well reach a different result." Genson v. The Varsity, 129 Ga.App. 721, 201 S.E.2d 156 (1973). Judgment QUILLIAN, P. J., and SHULMAN, J., concur. ...