Groth v. Ace Cash Express, Inc.

Ruffin, Chief Judge.

Paul Groth and Christopher Welton appeal the trial court’s grant of summary judgment to Ace Cash Express, Inc. (“Ace”) on Ace’s claim that they were personally liable to Ace as guarantors of the debts of Empire Financial, LLP (“Empire”). Groth and Welton argue that the trial court instead should have granted their motion for summary judgment because the guaranty Ace seeks to enforce does not satisfy the Statute of Frauds. We agree and reverse.

Summary judgment is proper when there are no genuine issues of material fact and the movant is entitled to judgment as a matter of…