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Earl's Pearls LLC v. Cobb County, GA

The Court reversed the grant of partial summary judgment to the condemnor, because there existed genuine issues of material fact as to the condemnee's claim that it had no duty to mitigate business losses by relocating.

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In this condemnation action, condemnee D B Child Care II, Inc. appeals from separate trial court orders denying its motion for partial summary judgment on the issue of its duty to mitigate business loss damages and granting condemnor Cobb County, Georgia’s motion for partial summary judgment as to D B’s claim that it had no duty to mitigate its business loss damages by attempting to relocate the business.1 Because D B has attacked only one ground for the trial court’s denial of its motion for partial summary judgment and has not challenged alternative grounds for the ruling, we must presume that those grounds are correct and affirm that ruling. But because there exist genuine issues of material fact as to D B’s claim that it had no duty to mitigate business losses by relocating, we reverse the grant of partial summary judgment to condemnor.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. Stennette v. Miller, 316 Ga. App. 425, 426 729 SE2d 559 2012 citation omitted. On appeal, we review a trial court’s grant or denial of summary judgment de novo, construing the evidence and all reasonable inferences therefrom in the light most favorable to the nonmoving party. SKC, Inc. v. eMag Solutions, 326 Ga. App. 798 755 SE2d 298 2014.

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