Shaw v. Cousins Mortgage & Equity Investments

Smith, Judge.

Cousins Mortgage & Equity Investments (CMEI) sued Shaw, the appellant, on the contract he signed guaranteeing the Northwest Park Corporation’s payment of principal and interest due on a $1,150,000 note. Appellant counterclaimed for $1,000,000, alleging fraud and unjust enrichment. The trial court granted summary judgment for CMEI as to the complaint, awarding judgment in the amount of $987,846.78. We find that the grant of summary judgment for CMEI was error because material issues of fact remained to be resolved in connection with the complaint and because the counterclaim was…