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HH&L Electric, Inc. v. Hebbard Electric, Inc.

The trial court erred in granting partial summary judgment to defendant in a breach of contract action that was based on a disagreement as to the amount of "profit" parties were to split in their joint venture because the trial court based that decision on disputed opinion testimony.

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Doyle, Judge.This appeal arises from a case filed by HH&L Electric, Inc., (“HH&L”) against Hebbard Electric, Inc., (“Hebbard”) for breach of contract based on electrical work and upgrading of lift stations performed by the companies at a particular job site. Hebbard filed a motion for partial summary judgment, which the trial court granted. HH&L appeals from that order, arguing that the trial court erred by (1) holding that certain testimony by an accountant could be refuted only by another accountant; (2) granting partial summary judgment to Hebbard based on disputed opinion evidence; and (3) finding that the final profits generated were $216,299.53. For the reasons that follow, we reverse.   To prevail at summary judgment under OCGA § 91156, 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. In reviewing a grant or denial of summary judgment, this Court conducts a de novo review of the evidence.[1]

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