Community and Southern Bank “CSB” commenced an action in the trial court against MJL Properties, LLC “MJL”, Jerry Haygood, Lisa Marie Haygood, C. Garry Haygood, and Michael Shaw collectively, “Appellants” for, among other things, breach of a promissory note and related guaranties. The trial court granted CSB’s motion for summary judgment, and Appellants now appeal, arguing that they did not receive proper notice of the hearing on CSB’s motion for summary judgment and that the guaranty executed by Garry Haygood was not supported by consideration. For the reasons that follow, we affirm.
“On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the nonmovant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.” Citation omitted. Golden Atlanta Site Dev. v. Nahai, 299 Ga. App. 646, 646 1 683 SE2d 166 2009. So viewed, the record shows that MJL entered into a commercial promissory note the “Note” with First Cherokee State Bank “FCSB” on October 13, 2009 in the principal amount of $858,126.50. On the same date, Jerry Haygood, Lisa Marie Haygood, Garry Haygood, and Michael Shaw entered into unlimited continuing guaranties the “Guaranties” with FCSB guaranteeing repayment of the Note. The Note was a renewal of a prior promissory note MJL entered into with FCSB in 2007 in order to obtain funds to purchase 15 acres of real property for industrial development purposes. The Note had a maturity date of September 13, 2012; required monthly payments of $5,844.90; and provided for a fixed interest rate of 6.5 percent. The Note and Guaranties were assigned and transferred to CSB in July 2012 pursuant to a Purchase and Assumption Agreement with the Federal Deposit Insurance Corporation, as receiver of FCSB. By letter from counsel dated January 7, 2013, CSB provided Appellants with written notice of default, declared the indebtedness immediately due and payable, and demanded payment of the same. CSB commenced its action against Appellants several days later. CSB filed its motion for summary judgment on December 16, 2013 and submitted, among other evidence, the affidavit of a CSB vice-president attaching a payment record and stating that the amount owed under the Note was $817,643.42 in principal, $80,607.60 in accrued interest, $2,753.47 in late fees, and $134,737.65 in attorney fees and that interest continued to accrue at a rate of $147.63 per day.
