Brumley v. Mallard, L.L.C.

EAGLES, Chief Judge.

Mallard, L.L.C., and Bonn A. Gilbert, Jr., (“defendants”) appeal from the trial court’s granting of summary judgment in favor of A. Neal Brumley (“plaintiff’) and award of $150,000 plus interest and attorneys’ fees. On appeal, defendants have two assignments of error: (1) that the trial court erred in granting plaintiff’s motion for summary judgment; and (2) that the trial court erred in denying defendants’ motion for summary judgment. We discern no error and affirm.

The evidence tends to show the following. Plaintiff is the executor of the estate of William Dellinger. The…