On January 23, 2001, Sara Edwards sued Grapefields, Inc. and Lee Kosby seeking i an accounting of the business of Grapefields, ii an injunction preventing Grapefields from selling or transferring any of its assets, iii Grapefields’ dissolution, and iv the appointment of a receiver to manage Grapefields’ affairs. Brian Chew was added as a plaintiff by amendment to the complaint. Grapefields and Kosby filed a counterclaim against Sara Edwards, Chew, and Philip Edwards, Sara Edwards’ husband. Grapefields and Kosby then moved for summary judgment on Sara Edwards’ and Chews’ claims, and the trial court granted the motion as to Sara Edwards’ claims and denied the motion as to Chew’s claims. In Case No. A04A0444, Sara Edwards appeals from the trial court’s order granting summary judgment to Grapefields and Kosby on her claims against them. In Case No. A04A0445, Grapefields and Kosby appeal from the trial court’s order denying their motion for summary judgment as to Chew’s claims. For the reasons set forth below, we reverse in Case No. A04A0444 and affirm in Case No. A04A0445. To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. A defendant carries this burden by demonstrating the absence of evidence as to one essential element of the plaintiff’s case. Should the defendant do so, the plaintiff “cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.” Id. Our review is de novo. Walker v. Virtual Packaging , 229 Ga. App. 124 493 SE2d 551 1997.
So viewed, the evidence shows that in 1992, Philip Edwards was employed by Tower Package, an alcoholic beverage retailer located in the Atlanta area. While Philip Edwards was employed with Tower Package he was also assisting in the development of Grapefields, an alcoholic beverage wholesaler, in return for what he anticipated would be an equity interest in the business.
