At issue in this appeal is the ownership and possession of a colt born to a Paso Fino mare named La Titicaca EZG. Plaintiff/appellant Sandye Medlin claims that the colt belongs to her and that defendants/appellees Steven and Barbra Morganstern, who currently possess the colt, tortiously interfered with a contract providing that she would receive the animal. The trial court granted summary judgment to the Morgansterns. We agree with the trial court that no genuine issue of material fact remains on the tortious interference claim. However, a fact issue remains on whether the colt belongs to Medlin. We therefore affirm in part and reverse in part. Summary judgment is appropriate when the court, viewing all the facts and reasonable inferences from those facts in a light most favorable to the non-moving party, concludes that the evidence does not create a triable issue as to each essential element of the case. A movant for summary judgment who is a defendant may discharge his burden 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 non-moving party’s case. If the moving party discharges this burden, the non-moving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.1 On appeal from the grant of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence.2 Viewed most favorably to Medlin, the evidence shows that beginning in late February or early March of 2001, she trained the Paso Fino mare in preparation for a horse show at the request of defendant Lois March, who owned the mare at that time. Medlin stated that she continued to board and train the mare for several months after the April show. March and Medlin entered into a written agreement on May 1, 2001, providing that March would allow Medlin to breed the mare with Medlin’s stallion, and Medlin would keep the foal which was likely to result from the union. In return for the foal, Medlin agreed to continue to board, train, and show the mare at no charge. In addition, Medlin agreed to use her best efforts to sell the mare for March.
The mare was successfully bred to the stallion in June 2001. March then agreed to trade the pregnant mare to Marsha Sielbeck as a down payment on a Marchadora mare imported from Brazil. Medlin was aware of the transaction but believed that March would remain the registered owner of the Paso Fino mare in order to preserve Medlin’s right to the foal. Medlin transported the mare to March’s farm in September of 2001 knowing that March was taking the mare to north Georgia to be picked up by Sielbeck.