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Hanna v. First Citizens Bank & Trust Co. Inc.

Although the plaintiff's summaries of the defendants' debt were accompanied by some business records, a search of the record reveals that crucial underlying business records related to fees and interest were not available to the Court of Appeals or to the defendants.

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First Citizens Bank & Trust Co., Inc. “the Bank”, filed a complaint for failure to pay on a promissory note and personal guarantees against Southern Gentry Developments, LLC “Southern Gentry”, Robert B. Donner, and David Hanna, alleging that the parties defaulted on a note for which Hanna had personally guaranteed $12,231,000. After the parties filed cross-motions for summary judgment, the trial court determined that Hanna had personally guaranteed the note and was liable for the debt. Hanna now appeals,1 arguing that the trial court erred by finding that he had personally guaranteed the 2007 note. For the reasons that follow, we affirm the judgment as to liability, but reverse the award of damages and remand for further proceedings consistent with this opinion.

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. 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.2

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