WELLER v. BLAKE

No. A11A1933.

726 S.E.2d 698 (2012)

315 Ga. App. 214

WELLER et al. v. BLAKE et al.

Court of Appeals of Georgia.

March 27, 2012.


Attorney(s) appearing for the Case

Robert Benton Jackson IV , Lisa Beth Perlstein , for Appellant.

James Felton Taylor III , Atlanta, for Appellee.


DOYLE, Presiding Judge.

Allston and Kathleen Weller filed a complaint against Richard and Tina Blake for damages arising from smoke emanating from the Blakes' outdoor fireplace. The Wellers appeal the trial court's grant of summary judgment to the Blakes in several enumerations of error. For the reasons set forth below, we reverse.

In order to prevail on a motion for summary judgment under OCGA § 9-11-56,...

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