Greenberg Farrow Architecture Inc. v. JMLS 1422 LLC

Defendant was not entitled to summary judgment on plaintiff's claims for breach of contract and declaratory judgment alleging that defendant violated the terms of an agreement regarding a parking deck.

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Greenberg Farrow Architecture, Inc. Greenberg Farrow brought this lawsuit against JMLS 1422, LLC JMLS, alleging that JMLS had violated the terms of an agreement regarding a parking deck. The trial court granted JMLS’s motion for partial summary judgment on Greenberg Farrow’s claims of breach of contract, conversion, and declaratory judgment. Greenberg Farrow appeals, arguing the trial court erred by 1 finding that the terms of the agreement are ambiguous; 2 concluding no material issues of fact regarding the intent of the parties to the agreement remained; 3 concluding that Greenberg Farrow waived its right to contest the meaning of the pertinent agreement provision; and 4 granting partial summary judgment to JMLS notwithstanding that Greenberg Farrow is owed damages even under the trial court’s interpretation of the agreement. Because we agree that the trial court erred both by finding the agreement in question ambiguous and by finding that Greenberg Farrow waived its rights as a matter of law, we reverse the grant of summary judgment to JMLS on Greenberg Farrow’s claims for breach of contract and declaratory judgment. Because Greenberg Farrow does not challenge on appeal the trial court’s grant of summary judgment to JMLS on Greenberg Farrow’s conversion claim, we affirm that aspect of the court’s ruling.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9 11 56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Ass’n of Savannah v. Chatham Cty., 276 Ga. 243, 245 1 577 SE2d 564 2003.

Greenberg Farrow Architecture Inc. v. JMLS 1422 LLC

Defendant was not entitled to summary judgment on plaintiff's claims for breach of contract and declaratory judgment alleging that defendant violated the terms of an agreement regarding a parking deck.

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