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Nelson v. Hamilton State Bank

The trial court's judgment as to the amount of the debt owed in a bank's suit on a commercial promissory note lacked a sufficient basis.

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Jimmy R. Nelson signed a commercial promissory note in favor of Bartow County Bank BCB in the original principal amount of $2,977,019.70. Upon Nelson’s default, Hamilton State Bank HSB, the successor-in-interest to BCB, brought suit on the note. The trial court granted summary judgment to HSB for $2,866,990.37 plus post-judgment interest. On appeal, Nelson contests the amount of the indebtedness and asserts that there is a genuine issue of material fact as to whether HSB’s actions directed at his business partner and cousin Dolph Nelson “Dolph” impaired Nelson’s ability to make payments to HSB. For the reasons that follow, we affirm the judgment of liability and reverse as to damages.

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 Assoc. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

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