Isbell v. Credit Nation Lending Serv. LLC; Credit Nation Lending Serv. LLC v. Isbell

The forbearance to press legal claims constituted consideration for a used car dealership's promise to find a similar replacement vehicle for a returned Ford Explorer with frame damage and transmission problems.

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Jonathan and Mary Katheryne Isbell sued Credit Nation Lending Service, LLC “CNLS” and Credit Nation Auto Sales, LLC, d/b/a Synergy Motor Company, d/b/a Kellee Kars, Inc., d/b/a Kellee Kars Isuzu, d/b/a KKL Services “CNAS” collectively, “Credit Nation”, raising claims of fraud, breach of oral contract, and violations of the Georgia Fair Business Practices Act “FBPA” OCGA § 10-1-390 et seq. and the federal Truth in Lending Act “TILA” 15 USC § 1601 et seq. in relation to the Isbells’ purchase and financing of a used vehicle.1 Credit Nation filed a motion for summary judgment, and the Isbells responded with a cross-motion for partial summary judgment. Credit Nation moved to strike an affidavit and 21 exhibits attached to the Isbells’ motion for summary judgment, as well as a supplemental affidavit. The trial court granted Credit Nation’s motion for summary judgment and denied the Isbells’ partial summary judgment motion. The trial court also denied Credit Nation’s motions to strike. These cross-appeals then ensued.

In Case No. A12A1360, the Isbells contend that the trial court failed to consider their deposition exhibit and erred in finding that they did not present evidence to support their claims. For the reasons stated below, we affirm in part and reverse in part the trial court’s judgment in Case No. A12A1360.

Isbell v. Credit Nation Lending Serv. LLC; Credit Nation Lending Serv. LLC v. Isbell

The forbearance to press legal claims constituted consideration for a used car dealership's promise to find a similar replacement vehicle for a returned Ford Explorer with frame damage and transmission problems.

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