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Murphy v. BCCTC Assocs. Inc.

The guaranties at issue could not be enforced absent evidence of the plaintiffs' compliance with a condition precedent contained in paragraph six of the guaranties, which was not satisfied in this case.

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M. Vincent Murphy, III, appeals from a trial court order denying his motion for summary judgment and granting the partial motion for summary judgment filed by BCCTC Associates, Inc., C M Management, Inc., and Boston Capital Partners, Inc. the plaintiffs in this case involving Murphy’s obligations pursuant to a guaranty. For the following reasons, we affirm in part and reverse in part.

Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party. Citation and punctuation omitted. Seki v. Groupon, Inc., 333 Ga. App. 319 775 SE2d 776 2015.

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