Gwinnett Community Bank v. Arlington Capital, LLC

I respectfully dissent to Division 1 (a) and (c) of the majority opinion because (1) GCB has raised an issue of fact regarding whether Richard Tucker made wilful misrepresentations of material fact or concealed material facts so as to deceive and mislead GCB regarding his assets and (2) the trial court erred by concluding that GCB could not show damages for fraud.

1. GCB’s claim of fraud (Count VI of its complaint) arose out of GCB’s allegation that leading up to the 2007 and 2008 renewals of the Arlington Note, Tucker, on behalf of Arlington and himself, failed to disclose asset transfers…