Ahearn v. Westrec Management, Inc.
Ahearn v. Westrec Management, Inc.
Opinion of the Court
Westrec Management sued Joe Ahearn for the costs incurred in removing a sinking boat moored at its dock. Ahearn counterclaimed for the loss of the boat. The trial court entered partial summary judgment in favor of Westrec and awarded $3,825. The court also awarded judgment to Westrec on Ahearn’s counterclaim. Ahearn appeals contending that the court erred in granting partial summary judgment to Westrec.
Westrec moved to dismiss the appeal on jurisdictional grounds.
A complete statement of the applicable ruling from the sole authority cited by Ahearn is: “A jury question is presented only when reasonable [persons] could disagree as to whether the facts alleged constitute gross negligence.”
Because of the inadequacies in Ahearn’s brief
Judgment affirmed.
Westrec moved this court to dismiss the appeal on jurisdictional grounds because Ahearn filed an application for discretionary appeal instead of filing a direct appeal. But summary judgment and partial summary judgment are directly appealable and will be treated as if enumerated under OCGA § 5-6-34 (a) for purposes of OCGA § 5-6-35 (j), allowing this court jurisdiction to decide the case upon application for permission to appeal.
(Citations omitted.) Harris v. Nat. Evaluation System, 719 FSupp. 1081, 1084 (N.D. Ga. 1989), aff'd, 900 F2d 266 (11th Cir. 1990).
“Each enumerated error shall be supported in the brief by specific reference to the record or transcript.” Court of Appeals Rule 27 (c) (3) (i).
See Court of Appeals Rule 7.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.