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Godwin v. Mizpah Farms LLLP

Some issues of fact remained in the plaintiff's suit against his son and grandchildren for fraud, breach of fiduciary duty and breach of contract.

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Walter P. Godwin appeals the trial court’s grant of summary judgment on his claims, inter alia, for fraud, breach of fiduciary duty, and breach of contract against Mizpah Farms, LLLP “Mizpah Farms”; his son, Bobby I. Godwin; and his grandchildren, John Godwin, Summer Godwin Hall, and Casey Godwin1 on the ground that the claims are barred by the applicable statutes of limitation. We affirm the trial court’s order of summary judgment in part and reverse in part, as set forth below.

This Court reviews the grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmovant. See Whitfield v. Tequila Mexican Restaurant, No. 1, Inc., 323 Ga. App. 801, 802 2 748 SE2d 281 2013. So viewed, the evidence shows that Walter began farming his family’s land around 1949 and eventually accumulated over 600 acres of land in Grady and Decatur Counties. And as early as 1967, Walter’s son, Bobby, began farming alongside his father, growing primarily corn and peanuts. They farmed in partnership until 1992, when Walter retired “on paper.” Despite this “retirement,” Walter continued to help Bobby with the farm until 2009.

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