BUILDER MARTS OF AMERICA, INC. v. Gilbert

Miller, Judge.

Builder Marts of America, Inc. (BMA) appeals from the trial court’s denial of its motion for summary judgment and the sua sponte grant of summary judgment to Alvin Gilbert, relieving Gilbert of his obligations as an alleged guarantor. On appeal BMA contends that the trial court erred in (1) concluding that the terms of a 1998 agreement between BMA and McLain’s Building Materials, Inc. (McLain’s) relieved Gilbert of his obligations as a guarantor, (2) granting summary judgment to Gilbert, sua sponte, without first giving BMA an opportunity to be heard, and (3) granting summary…