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Bogart v. Wisconsin Inst. for Torah Study

The trial court properly granted summary judgment to the plaintiff in its action on a promissory note and on account, since the defendant failed to prove that the plaintiff was not the real party in interest and that there were factual inconsistencies in the claim of his indebtedness.

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On appeal from the trial court’s grant of summary judgment to plaintiff Wisconsin Institute for Torah Study in its action on a promissory note and on account, defendant David Bogart argues that the Institute is not the real party in interest, that the action is time-barred, and that factual inconsistencies in the Institute’s evidence preclude summary judgment. We find no error and affirm.

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 burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. Citations omitted. Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991.

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