Trendmark Homes, Inc., and its president, Gerald W. Rose collectively “Trendmark”, appeal from the grant of summary judgment to Bank of North Georgia the “Bank”, in the Bank’s suit on three promissory notes executed by Trendmark Homes and personal guaranties executed by Rose. Trendmark contends that the trial court erred by ignoring alleged factual disputes created by Rose’s affidavit filed by Trendmark in response to the Bank’s motion for summary judgment. Because the affidavit does not create a genuine dispute of fact material to the Bank’s claims or to the evidence supporting the Bank’s motion, we affirm. 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.1 So viewed, the record shows that on November 5, 2009, Trendmark Homes executed a promissory note in favor of the Bank with a principal amount of $342,786. The same day, Rose executed an unconditional personal guaranty of the note. On January 2010, Trendmark Homes executed two additional promissory notes in favor of the Bank, with principal amounts of $457,920 and $1,101,650. On the same day, Rose again executed an unconditional personal guaranty of both notes. Each note was separately secured by security deeds to real property that Trendmark planned to develop. After Trendmark Homes defaulted and Rose failed to satisfy the guaranty, the Bank filed this breach of contract action on the notes. Trendmark Homes and Rose filed an answer denying their liability but admitting that the promissory notes and guaranties attached to the complaint were true copies of what they purported to be. The answer also asserted three affirmative defenses: estoppel, waiver, and mutual departure from the contracts. The Bank moved for summary judgment, attaching the notes, guaranties, and statements of account, authenticating the documents with an affidavit by Wilson Shoemaker, an assistant vice president at the Bank with whom Trendmark had dealt. Trendmark responded with a three-page brief supported by an affidavit by Rose. Based on the briefs and record, the trial court granted the Bank’s motion, entering a judgment for the principal and pre- and post-judgment interest based on the notes and account statements. Trendmark now appeals.
Trendmark argues that the trial court ignored Rose’s affidavit and failed to recognize the factual dispute created by the sworn statements therein. We disagree.
