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Nebo Ventures LLC v. NovaPro Risk Solutions LP

The trial court erred in granting summary judgment to the defendant on the plaintiff's fraud claim arising from the parties' contract, as issues of fact remained for the trier of fact.

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Nebo Ventures, LLC, sued NovaPro Risk Solutions, L.P., to recover damages for breach of contract and fraud. The trial court granted partial summary judgment to NovaPro, and Nebo appeals. For reasons set forth below, we affirm in part, reverse in part, vacate in part, and remand with direction.

It has been “well established that on appeal of a grant of summary judgment, the appellate court must determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the party was entitled to judgment as a matter of law.” Citation and punctuation omitted. Rubin v. Cello Corp., 235 Ga. App. 250 510 SE2d 541 1998. “We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citation omitted. White v. Ga. Power Co., 265 Ga. App. 664, 664-665 595 SE2d 353 2004.

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