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McElvaney v. Roumelco LLC

Genuine questions of material fact remained in the plaintiff's breach of contract suit concerning his ownership interest in a company.

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Plaintiff Sean McElvaney brings this appeal from the trial court’s grant of summary judgment to defendants Roumelco, LLC and its principal, Constantine Roumel collectively, “Roumelco”, in McElvaney’s suit for breach of contract concerning his investment of nearly $300,000 in Roumelco and its Atlanta real estate venture. The trial court held that McElvaney and Roumelco failed to reach a sufficiently definite agreement as to McElvaney’s ownership interest in the company but that McElvaney could proceed on his unjust enrichment claim. On appeal, McElvaney argues that genuine questions of material fact remain as to his breach of contract claim and that the trial court also erred when it denied his request to appoint a receiver for Roumelco. Because we agree with the first of these contentions, we reverse the grant of summary judgment to Roumelco, vacate the denial of McElvaney’s motion for a receiver, and remand for further proceedings.

To prevail at summary judgment under OCGA § 9 11 56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9 11 56 c. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.

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