Legal Opinion

Lahaina Acquisitions, Inc. v. GCA Strategic Investment Fund Ltd.

Court of Appeals of Georgia

Decided June 19, 2003No. A03A0476, A03A0509PublishedCited by 4 opinions

1Opinion of the Court

Ruffin, Presiding Judge.

Richard P. Smyth and Mongoose Investments, LLC (“the guarantors”) sued Lahaina Acquisitions, Inc. (“Lahaina”) to recover funds paid to GCA Strategic Investment Fund Ltd. (“GCA”) under a guaranty agreement. The trial court granted summary judgment to the guarantors on their indemnification claim, and Lahaina appeals. For reasons that follow, we reverse the judgment in Case No. A03A0509 and dismiss Lahaina’s appeal in Case No. A03A0476.

Summary judgment is appropriate when the evidence, viewed favorably to the nonmovant, establishes that no genuine issues of material fact…

2Cases cited3 opinions

  1. Turner v. Commonwealth Mortgage Assurance Co.Court of Appeals of Georgia · 1993
  2. Fabian v. DykesCourt of Appeals of Georgia · 1994
  3. West v. Village Ford-Mercury, Inc.Court of Appeals of Georgia · 2002

3Cited by4 opinions

  1. Hicks v. Sumter Bank & Trust Co.Court of Appeals of Georgia · 2004
  2. Access Point Financial, LLC v. YenDistrict Court, N.D. Georgia · 2022
  3. Bay Circle Properties, LLCUnited States Bankruptcy Court, N.D. Georgia · 2020
  4. Bay Circle Properties, LLCUnited States Bankruptcy Court, N.D. Georgia · 2020

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