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· 10/15/2009

Wirth v. CACH, LLC

Citations

  • 685 S.E.2d 433
  • 300 Ga. App. 488
  • 2009 Fulton County D. Rep. 3385
  • 2009 Ga. App. LEXIS 1200

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing grant of summary judgment to bill collector where there was no evidence completing the chain of assignment to that collector
  • reversing grant of summary judgment to plaintiff in action on open account where there was no evidence establishing links between original lender and plaintiff that would show plaintiff was real party in interest
  • reversing grant of summary judgment to plaintiff in action on open account where there was no evidence establishing links between original lender and plaintiff that would show plaintiff was 12 real party in interest
  • similar case holding for Debtor after court concluded chain of assignment had not been established
  • a plaintiff moving for summary judgment must establish “the nonexistence of any genuine issue of fact,” including defendant’s assertion that plaintiff was not the real party in interest
  • a plaintiff moving for summary judgment must establish “the non-existence 4 of any genuine issue of fact,” including defendant’s assertion that plaintiff was not the real party in interest

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller, Andrews, Barnes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.