Legal Opinion

Executive Fitness, LLC v. Healey Building Ltd. Partnership

Court of Appeals of Georgia

Decided March 10, 2008No. A07A1957PublishedCited by 5 opinions

1Opinion of the Court

JOHNSON, Presiding Judge.

Executive Fitness, LLC, entered into a commercial lease agreement in September 2001, to rent space from Healey Building Limited Partnership. In October 2003, Executive Fitness executed a promissory note in favor of Healey Building for improvements funded by Healey Building and for rent and expenses due in August and September 2003. The president of Executive Fitness, Mark Montgomery, signed both documents as guarantor.

In June 2004, when Executive Fitness failed to pay the rent due, Healey Building sued it and Montgomery for rent due through May 2004. The lease was not…

2Cases cited5 opinions

  1. International Biochemical Industries, Inc. v. Jamestown Management Corp.Court of Appeals of Georgia · 2003
  2. L & B Construction Co. v. Ragan Enterprises, Inc.Supreme Court of Georgia · 1997
  3. Georgialina Enterprises, Inc. v. FrakesCourt of Appeals of Georgia · 2001
  4. Ogden v. Auto-Owners InsuranceCourt of Appeals of Georgia · 2001
  5. SBP MANAGEMENT, LLC v. PriceCourt of Appeals of Georgia · 2006

3Cited by5 opinions

  1. Loveland Essential Group, LLC v. Grommon Farms, Inc.Colorado Court of Appeals · 2012
  2. Lumsden v. WilliamsCourt of Appeals of Georgia · 2010
  3. Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.Court of Appeals of Georgia · 2018
  4. PMF Enterprises, Inc. v. SouthCrest Bank (In re PMF Enterprises, Inc.)United States Bankruptcy Court, M.D. Georgia · 2014
  5. Salim Merchant I v. Ultra Group of Companies, Inc. (In re Al-Karim, Inc.)United States Bankruptcy Court, N.D. Georgia · 2015

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