Harper v. Copelco Capital, Inc.

Phipps, Judge.

Copelco Capital, Inc. leased medical equipment to Men’s Focus Health Centers of Georgia, Inc. Dr. William Harper guaranteed rental payments under an amendment to the lease executed contemporaneously with the lease (the first amendment).

Copelco sued Men’s Focus and Harper for breach of their payment obligations. After obtaining a default judgment against Men’s Focus, Copelco moved for summary judgment against Harper. Harper opposed Copelco’s motion, on the ground that he had been released from his guaranty under an amendment to the lease entered into after the lease was executed…