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Smith v. Bell

Record Unclear As to How Eviction Proceeding in Magistrate Court Impacted Defendant's Ability to Pursue Other Claims in Superior Court

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Miller, Presiding Judge.   Simone Smith sued her former girlfriend, Martha Jean Bell, to recover either half of the equity in a home titled in Bell’s name or a portion of the money Smith invested in the home during the parties’ 14-year relationship. The trial court granted summary judgment to Bell on Smith’s claims, and Smith now appeals, alleging in several related enumerations of errors that the trial court erred by sua sponte granting summary judgment despite material factual disputes. We find that the basis on which the trial court granted summary judgment was in error as it was premised on a disregard of evidence submitted by Smith, and that the insufficiency of the record before the trial court prevents us from determining the proper disposition of this case at this time. Consequently, we vacate the trial court’s order and remand the case for further proceedings consistent with this opinion.[1]Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). We apply a de novo standard of review to an appeal from a grant of summary judgment and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

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