Legal Opinion

Cordell v. BANK OF NORTH GEORGIA

Court of Appeals of Georgia

Decided December 31, 2008No. A09A0193PublishedCited by 6 opinions

1Opinion of the Court

BLACKBURN, Presiding Judge.

In this action on a guaranty, Steve Cordell appeals the grant of summary judgment to Bank of North Georgia, in which the trial court found that no disputed issues of fact existed as to Cordell’s liability as a guarantor for the payment of a promissory note in default. Cordell argues that over his objection, the trial court erroneously considered an untimely affidavit from the bank that was filed only seven days before the summary judgment hearing and only two weeks before the court ruled on the summary judgment motion. We agree and therefore reverse.

Summary judgment…

2Cases cited19 opinions

  1. Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
  2. Porter Coatings v. STEIN STEEL & SUPPLY COMPANYSupreme Court of Georgia · 1981
  3. Walton v. DatryCourt of Appeals of Georgia · 1987
  4. Strozier v. Simmons U. S. A. Corp.Court of Appeals of Georgia · 1989
  5. Wall v. Citizens & Southern BankCourt of Appeals of Georgia · 1978

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3Cited by6 opinions

  1. Jones v. City of WillacoocheeCourt of Appeals of Georgia · 2009
  2. TRIPLE T-BAR, LLC Et Al. v. DDR SOUTHEAST SPRINGFIELD, LLCCourt of Appeals of Georgia · 2015
  3. Crawford v. Lawyers Title Insurance CorporationCourt of Appeals of Georgia · 2009
  4. Georgia Department of Corrections v. Grady Memorial Hospital Corporation D/B/A Grady Health SystemCourt of Appeals of Georgia · 2015
  5. Donna Andrews, as the Administrator of the Estate of Johnny L. Fleak v. Blue Ridge Nh Associates, LLCCourt of Appeals of Georgia · 2019

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