Sherman v. Thomas-Lane Am. Legion Post 597

The plaintiff was not entitled to summary judgment in its declaratory judgment action seeking a ruling that it had acquired a prescriptive right of title to certain land, as a genuine issue of fact remained regarding the boundary line between the parties' properties.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Hiawatha Sherman appeals the trial court’s grant of summary judgment to the Thomas-Lane American Legion Post 597 “Post 597″ on the issue of whether Post 597 had acquired prescriptive title to Sherman’s land by possession for more than 20 years under OCGA § 44-5-163. Sherman argues that, because material questions of fact remain, the trial court’s decision was in error. For the reasons that follow, we reverse the trial court’s order of summary judgment.

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. The movant has the original burden of making this showing. Once the movant has made a prima facie showing that it is entitled to judgment as a matter of law, the burden shifts to the respondent to come forward with rebuttal evidence. In rebutting this prima facie case, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in OCGA § 9-11-56, must set forth specific facts showing that there is a genuine issue for trial. A defendant may meet its burden on a motion for summary judgment by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. Our review is de novo, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

Sherman v. Thomas-Lane Am. Legion Post 597

The plaintiff was not entitled to summary judgment in its declaratory judgment action seeking a ruling that it had acquired a prescriptive right of title to certain land, as a genuine issue of fact remained regarding the boundary line between the parties' properties.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report