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Founders Kitchen Bath Inc. v. Alexander

In a materialman's lien action, genuine issues of material fact remained as to whether the parties were in privity of contract and whether the 365-day time limit set forth in O.C.G.A. § 44-14-361.1 subsection a 3 barred the complaint.

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This is a materialman’s lien case in which the trial court granted a defense motion for summary judgment on the grounds that the parties are in privity of contract and thus the complaint is barred by the 365 day time limit imposed by OCGA § 44-14-361.1 a 3. But contrary to the trial court’s finding, there exist genuine issues of material fact as to whether the parties are in privity of contract and whether the time limit provided by OCGA § 44-14-361.1 a 3 applies to the complaint in this case. Accordingly, we reverse.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. On appeal, we review a trial court’s grant of summary judgment de novo, construing the evidence and all inferences drawn from it in a light favorable to the nonmovant. Stennette v. Miller, 316 Ga. App. 425, 426 729 SE2d 559 2012 citation omitted.

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