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Hewitt v. Community & S. Bank

The loan commitment for a $6M line of credit extended to the plaintiff plainly set forth a 12-month repayment term, on which the plaintiff defaulted.

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David Hewitt filed a lawsuit against Community & Southern Bank, alleging breach of contract and other claims based on a loan agreement. Community & Southern answered and counterclaimed to enforce a promissory note. The trial court granted summary judgment to Community & Southern as to Hewitt’s claims and as to the bank’s counterclaim. Hewitt appeals. Because there exist no genuine issues of material fact, we affirm.

On appeal of the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Further, 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.

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