Legal Opinion

Vance v. FD 2011-C1 Grove Road Ltd. Partnership

Court of Appeals of Georgia

Decided December 29, 2016No. A16A2224PublishedCited by 6 opinions

1Opinion of the Court

Boggs, Judge.

Gene Vance, Cary Rhodes, and Paula Adams, the guarantors of a $1.65 million loan, appeal from the trial court’s grant of summary judgment to FD 2011-C1 Grove Road Limited Partnership (“Grove”) on its claim for damages. Because material issues of fact remain regarding the amount of those damages, we reverse.

Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). “On a motion for summary judgment the plaintiff, as movant, has the burden of establishing the absence or…

2Cases cited5 opinions

  1. Greenstein v. Bank of OzarksCourt of Appeals of Georgia · 2014
  2. PNC Bank, National Ass'n v. SmithSupreme Court of Georgia · 2016
  3. Patrick Malloy Communities, LLC v. Community & Southern BankCourt of Appeals of Georgia · 2015
  4. Jackson v. CAVALRY PORTFOLIO SERVICES, LLCCourt of Appeals of Georgia · 2012
  5. Nine Twenty, LLC v. Bank of the OzarksCourt of Appeals of Georgia · 2016

3Cited by6 opinions

  1. smith/burns LLC v. 905 Bernina Avenue Cooperative, Inc.Court of Appeals of Georgia · 2017
  2. 100 Lakeside Trail Trust v. Bank of America, N.A.Court of Appeals of Georgia · 2017
  3. Dana Zahler v. National Collegiate Student Loan Trust 2006-1Court of Appeals of Georgia · 2020
  4. FRANKLIN S. SCARBROUGH v. BRITTANY MCCABE CARSON PHILLIPSCourt of Appeals of Georgia · 2024
  5. Sabrina Carden v. Unifund Ccr, LLCCourt of Appeals of Georgia · 2019

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