Legal Opinion

Ray Mashburn Homes, LLC v. Charterbank

Court of Appeals of Georgia

Decided November 16, 2016No. A16A1244PublishedCited by 2 opinions

1Opinion of the Court

McFADDEN, Judge.

Ray Mashburn Homes, LLC, Ray M. Mashburn, and Jan O. Mashburn appeal the grant of summary judgment to CharterBank in this suit on two promissory notes and a guaranty. They argue that the correct interest rate on the business’s loan is a disputed issue of fact, but we find that the promissory note unambiguously set forth the interest rate. The appellants argue that the proper amount of damages is in dispute due to discrepancies in the bank’s evidence. We are constrained to agree. But the discrepancy in the evidence of damages on the Mashburns’ loan works to their favor, so they…

2Cases cited6 opinions

  1. Hurt v. Norwest Mortgage, Inc.Court of Appeals of Georgia · 2003
  2. Kothari v. PatelCourt of Appeals of Georgia · 2003
  3. Patrick Malloy Communities, LLC v. Community & Southern BankCourt of Appeals of Georgia · 2015
  4. Capital Co. v. Bankers First Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1988
  5. Nelson v. Hamilton State BankCourt of Appeals of Georgia · 2015

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Patel v. Kensington Community Association, Inc.Court of Appeals of Georgia · 2017
  2. Bank of America, N.A. v. Elite Satellite Communications, Inc.District Court, N.D. Georgia · 2019

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