§Why CasetextPricing

CERTUSBANK NA v. DUNWOODY et al

RESPONSE

40 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,978 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. John R. Sand & Gravel Co. v. United States

    552 U.S. 130 (2008)   Cited 543 times   2 Legal Analyses
    Holding § 2501 jurisdictional

  3. Clark v. Coats Clark, Inc.

    929 F.2d 604 (11th Cir. 1991)   Cited 3,844 times
    Holding that Celotex did not change the rule that the movant bore the initial burden, and stating, "Even after Celotex it is never enough simply to state that the non-moving party cannot meet its burden at trial"

  4. Cowart v. Widener

    287 Ga. 622 (Ga. 2010)   Cited 344 times
    Holding that although expert evidence typically is not required to prove causation in a simple negligence case, "expert evidence is required where a ‘medical question’ involving truly specialized medical knowledge (rather than the sort of medical knowledge that is within common understanding and experience) is needed to establish [causation]"

  5. Rosen v. Biscayne Yacht Country Club, Inc.

    766 F.2d 482 (11th Cir. 1985)   Cited 104 times
    Applying Bricklayers and stating that "strict compliance with the § 302(c) exception" is necessary "to prevent the misappropriation and dissipation of monies due the workers"

  6. Hwa Props., Inc. v. Cmty.

    322 Ga. App. 877 (Ga. Ct. App. 2013)   Cited 28 times   11 Legal Analyses
    Holding that waiver allowed deficiency judgment against guarantor notwithstanding creditor's failure to obtain a valid confirmation

  7. Rel Development v. Branch Banking Trust

    305 Ga. App. 429 (Ga. Ct. App. 2010)   Cited 29 times
    Holding that holder of note and deed to secure debt does not have to elect remedies

  8. Tampa Inv. Grp., Inc. v. Branch Banking & Trust Co.

    290 Ga. 724 (Ga. 2012)   Cited 24 times
    Holding that when a foreclosure sale is not consummated, no foreclosure occurs

  9. Radioshack Corp. v. Cascade Crossing

    282 Ga. 841 (Ga. 2007)   Cited 29 times
    Holding that O.C.G.A. § 13-1-11 does apply to cap the award of attorneys' fees in this case

  10. Collins v. Regions Bank

    282 Ga. App. 725 (Ga. Ct. App. 2006)   Cited 29 times

    A06A1974. DECIDED DECEMBER 5, 2006. Note. Hall Superior Court. Before Judge Deal. Forrester Brim, James E. Brim III, Harmon, Smith, Bridges Wilbanks, Archer D. Smith III, Hope Barbian Allen, for appellant. Smith, Gambrell Russell, John R. Autry, Thomas M. Barton, for appellee. PHIPPS, Judge. Regions Bank sued Donald E. Collins to recover amounts due under a note he signed. The trial court granted summary judgment to Regions Bank on the issue of liability, and Collins appeals. Because Collins has

  11. Section 9-11-56 - Summary judgment

    Ga. Code § 9-11-56   Cited 3,740 times   1 Legal Analyses
    Authorizing the direct appeal of “[a]n order granting summary judgment on any issue”

  12. Section 13-1-11 - Validity and enforcement of obligations to pay attorney's fees upon notes or other evidence of indebtedness

    Ga. Code § 13-1-11   Cited 375 times   2 Legal Analyses
    Requiring notice before enforcement

  13. Section 44-14-161 - Sales made on foreclosure under power of sale; when deficiency judgment allowed; confirmation and approval; notice and hearing; resale

    Ga. Code § 44-14-161   Cited 278 times   13 Legal Analyses
    Barring pursuit of a deficiency if a confirmation action is not filed within 30 days of foreclosure

  14. Section 13-1-1 - Contract defined - Generally

    Ga. Code § 13-1-1   Cited 48 times

    A contract is an agreement between two or more parties for the doing or not doing of some specified thing. OCGA § 13-1-1