X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On June 26, 2006, China Shipping NA Agency, Inc. sued Sprint Transport Group, Inc. for the principal sum of $17,444.00, plus interest. On December 20, 2007, China Shipping amended its complaint, seeking the principal sum of $196,903.00, plus interest. China Shipping then filed a motion for summary judgment, which the trial court granted. Sprint Transport Group appeals. Because we find the record contains material issues of fact that preclude summary judgment, we reverse. On appeal of a grant of summary judgment, this Court must review the evidence de novo to 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.1 To defeat a motion for summary judgment, the respondent does not have to present conclusive proof to rebut the movant’s evidence; if the respondent produces or points to any specific evidence, even slight, in the record giving rise to a triable issue of material fact, then summary judgment must be denied.2 Here, the record contains detailed invoices showing amounts due by Sprint Transport Group, Inc., but it also contains a number of invoices sent to Sprint Container Service, Sprint Transportation, Inc., and Sprint Transportation Group, Inc, and there is no evidence in the record whether these companies are affiliated with Sprint Transport Group or whether Sprint Transport Group is responsible for these invoices. In addition, the president of Sprint Transport Group filed an affidavit stating he was aware of the bills and invoices of Sprint Transport Group, he reviewed the invoices attached to China Shipping’s motion for summary judgment, and that, based on his personal knowledge, “many of these invoices are for another legal entity . . . and most if not all of these alleged invoices were never received by Sprint Transport Group, Inc. and are not owed by Sprint Transport Group, Inc. as no goods or services were received.” Thus, Sprint Transport Group has raised specific evidence giving rise to a triable issue of material fact.

A party is entitled to summary judgment only if he can demonstrate that there is no dispute as to any material fact and that the party is entitled to judgment as a matter of law.3 In deciding whether there is a genuine issue of material fact, the trial court must view all evidence and inferences to be drawn from the evidence in the light most favorable to the non-moving party, and all reasonable doubts must be resolved in the non-moving party’s favor.4 Here, the invoices and the affidavit from Sprint Transport Group, Inc.’s president create material issues of fact regarding whether the amounts shown on the invoices were owed by Sprint Transport Group, Inc. Accordingly, we reverse the trial court’s order granting summary judgment to China Shipping.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›