KENNEDY v. DROUGHTON TRUST

No. A06A0569.

627 S.E.2d 887 (2006)

277 Ga. App. 837

KENNEDY v. The DROUGHTON TRUST et al.

Court of Appeals of Georgia.

March 1, 2006.


Attorney(s) appearing for the Case

Robert G. Galbaugh, Decatur, for appellant.

Weinstock & Scavo, Louis R. Cohan, Alyson Finkelstein, Atlanta, for appellees.


ADAMS, Judge.

Mark Kennedy sued The Droughton Trust and David Droughton, trustee for The Droughton Trust (collectively "the Trust"), to compel them to specifically perform a contract for the sale of land owned by the Trust. The trial court granted the Trust's motion for summary judgment and Kennedy appeals. For the reasons set forth below, we reverse.

Summary judgment is proper where the movant demonstrates that "there is no genuine issue of material fact...

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