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Roberts v. Community S. Bank

Under the terms of the guaranty, the guarantor expressly waived any defenses he may have had to the validity and enforceability of the underlying debt and note.

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The trial court granted summary judgment to Community Southern Bank “Community Bank” or the “Bank” on its claim for breach of a personal guaranty against Oscar Roberts, III, and awarded the Bank damages in the principal amount of $667,486.02, plus accrued and “secondary” interest, late charges, contractual attorney fees, and post-judgment interest. On appeal, Roberts contends that the trial court erred in granting summary judgment to the Bank on the issue of his liability under the guaranty because the underlying debt was invalid as a matter of law, or, at a minimum, there were genuine issues of material fact as to its legal validity. Roberts also contends that the trial court erred in granting summary judgment to the Bank on the issue of damages because the Bank relied upon an inadmissible “summary” of its business records to prove its damages, and because there was no evidence that the Bank was entitled to an award of “secondary” interest. For the reasons discussed below, we affirm on condition that the damages awarded to Community Bank be reduced to eliminate “secondary” interest and the portion of contractual attorney fees that was predicated on the award of such interest.

Summary judgment is proper if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9 11 56 c. On appeal from a trial court’s grant of summary judgment, we “conduct a de novo review, construing all reasonable inferences in the light most favorable to the nonmoving party.” Bank of North Ga. v. Windermere Dev., 316 Ga. App. 33, 34 728 SE2d 714 2012.

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