Legal Opinion

THOMAS Et Al. v. STATE BANK AND TRUST COMPANY

Court of Appeals of Georgia

Decided November 19, 2014No. A14A1403PublishedCited by 2 opinions

1Opinion of the Court

McFADDEN, Judge.

This appeal challenges the grant of summary judgment to a bank on its claims for breach of two promissory notes and a guaranty. Because the movant bank failed to meet its burden of showing that there exists no genuine issue of material fact that it is the current holder of the notes and guaranty, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review a trial court’s grant of summary judgment de novo, construing the evidence, and all reasonable conclusions and inferences drawn…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Bobick v. Community & Southern BankCourt of Appeals of Georgia · 2013
  2. Wirth v. CACH, LLCCourt of Appeals of Georgia · 2009
  3. Kensington Partners, LLC v. Beal Bank NevadaCourt of Appeals of Georgia · 2011
  4. Clay v. OxendineCourt of Appeals of Georgia · 2007
  5. Greenstein v. Bank of OzarksCourt of Appeals of Georgia · 2014

3Cited by2 opinions

  1. Patrick Malloy Communities, LLC v. Community & Southern BankCourt of Appeals of Georgia · 2015
  2. Kim v. JP Morgan Chase Bank, N.A. (In re Kim)District Court, D. Colorado · 2018

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