Henry B. Gilpin Co. v. Moxley

MILLER, Presiding Judge.

Appellants The Henry B. Gilpin Co. (Gil-pin) and Mooney-Kiefer-Stewart Co., Inc. (MKS) are appealing an adverse summary judgment rendered in favor of appellee David Moxley for amounts due under three notes of MKS guaranteed by Gilpin. Gilpin MKS contend the trial court’s judgment is erroneous because 1) there existed genuine issues of material fact concerning their affirmative defenses of waiver and estoppel as to Moxley’s right to claim default and accelerate the debt; and 2) there was insufficient evidence in the record to support the $8,500 attorney fee award.…