SKC Inc. v. EMag Solutions LLC

The appellee's wire transfer payments containing notations regarding its account with the manufacturer-appellant constituted new promises by the appellee to pay its debt to the appellant and renewed the running of the statute of limitations period.

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SKC, Inc. filed suit against eMag Solutions, LLC, in Fulton County State Court, seeking to recover amounts owed on eMag’s account with SKC. The parties filed cross-motions for summary judgment, and the trial court granted summary judgment in favor of eMag, based on its conclusion that the applicable statute of limitations had expired. SKC now appeals from that order, asserting that the trial court erred in granting eMag’s motion for summary judgment and in denying SKC’s motion. We agree that the trial court erred in finding that SKC’s claims are time-barred and therefore reverse the grant of summary judgment in favor of eMag. Additionally, because the undisputed evidence shows that eMag owes some amount of money on its account with SKC, we remand for entry of judgment in favor of SKC on the issue of eMag’s liability on the account and for a determination of SKC’s damages.

In an appeal from the grant or denial of a motion for summary judgment, we apply a de novo standard of review, viewing the evidence, including any reasonable conclusions and inferences that it supports, in the light most favorable to the nonmovant. Gayle v. Frank Callen Boys & Girls Club, 322 Ga. App. 412 745 SE2d 695 2013. Additionally, where the relevant facts are undisputed, we owe no deference to a trial court’s ruling on whether an action is barred by the statute of limitations, as that question is one of law. See Lloyd v. Prudential Securities, 211 Ga. App. 247, 249 2 438 SE2d 703 1993.

SKC Inc. v. EMag Solutions LLC

The appellee's wire transfer payments containing notations regarding its account with the manufacturer-appellant constituted new promises by the appellee to pay its debt to the appellant and renewed the running of the statute of limitations period.

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