427 S.E.2d 861 | Ga. Ct. App. | 1993
Appellant-defendant moved for summary judgment on its res judicata defense. The trial court denied the motion and appellant appeals directly.
The grant of a motion for summary judgment is directly appealable, but the denial of a motion for summary judgment must be appealed in accordance with the interlocutory appeal provisions of OCGA § 5-6-34 (b). OCGA § 9-11-56 (h). Summary judgment is to be granted only if “there is no genuine issue as to any material fact and ... a judgment as a matter of law [is appropriate].” OCGA § 9-11-56 (c). The trial court’s order denying appellant’s motion for summary judgment in the instant case did not specify that, “as a matter of law,” res judicata would not constitute a viable defense. Compare City of Atlanta v. Chambers, 205 Ga. App. 834, 835 (1) (424 SE2d 19)