Rathbone v. Ward

RUFFIN, Presiding Judge.

Gary Ward filed a complaint to renew a dormant judgment against John J. Rathbone. The trial court granted Ward’s motion for summary judgment, finding that Ward was the assignee of the judgment sought to be renewed and that Ward was entitled to renew his interest in the judgment. Rathbone appeals, asserting, among other things, that as a co-guarantor Ward was not entitled to proceed as an assignee. For reasons that follow, we reverse.

Summary judgment is appropriate where the evidence of record “show[s] that there is no genuine issue as to any material fact and that the…