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Community Magazine LLC v. Color Xpress

The plaintiff failed to establish that the individual defendant in a suit on an open account executed a valid personal guaranty.

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Color Xpress filed the instant suit on an account against Community Magazine LLC and Ed Chapman, alleging that Community Magazine owed Color Xpress $89,842.33 in principal plus interest on an open account for printing services provided by Color Xpress. Color Xpress also alleged that Chapman signed a personal guarantee for the debts of Community Magazine and was therefore liable for the same. The trial court entered an order granting Color Xpress’s motion for summary judgment, and this appeal followed. For the reasons that follow, we reverse in part and affirm in part.

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. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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