Whooping Creek Construction, LLC v. Bartow County Bank

Adams, Judge.

Appellant Whooping Creek Construction, LLC (“WCC”) brought suit against appellee Bartow County Bank (the “Bank”) and others after a check it received for payment of grading services was dishonored. The trial court granted summary judgment to the Bank, and WCC filed the present appeal. As more fully set forth below, we agree with WCC that the trial court erred by granting summary judgment to the Bank, and reverse.

WCC, a grading subcontractor, was hired by DDH Construction, Inc. to perform grading work for the construction of a daycare facility in Acworth, Georgia. DDH had been…