Roberts v. Community & Southern Bank

BARNES, Presiding Judge.

The trial court granted summary judgment to Community & Southern Bank (“Community Bank” or the “Bank”) on its claim for breach of a personal guaranty against Oscar Roberts III, and awarded the Bank damages in the principal amount of $667,486.02, plus accrued and “secondary” interest, late charges, contractual attorney fees, and post-judgment interest. On appeal, Roberts contends that the trial court erred in granting summary judgment to the Bank on the issue of his liability under the guaranty because the underlying debt was invalid as a matter of law, or, at a…