Patterson v. Bennett St. Properties LP

The trial court abused its discretion in admitting under the business records exception to the hearsay rule a one-page summary of the amount owed under a lease when the underlying records were not available to the trial court and the parties.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Chip Patterson signed a guaranty for a restaurant lease, and when the tenant failed to pay, Bennett Street Properties, L. P., the landlord, unsuccessfully sought to collect on the guaranty. Bennett Street then brought suit to enforce the guaranty, and after discovery, the trial court granted summary judgment in its favor and denied Patterson’s cross-motion for summary judgment. Patterson appeals. 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. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

Construing the facts in favor of Patterson for purposes of analyzing the summary judgment granted against him, the record1 shows the following: Two or three restaurants have been operated on certain premises located on the first floor at 2110 Peachtree Road near Bennett Street in Atlanta, Georgia the “Bennett Street Premises” pursuant to multiple assignments and other amendments of one original 20-year lease dated January 20, 1989 between a predecessor-in-interest of Bennett Street and The Peasant Restaurants, Inc. The 1989 lease allows both amendments and assignments upon consent of the landlord. As of 2007, appellee Bennett Street was the landlord of the premises.

Patterson v. Bennett St. Properties LP

The trial court abused its discretion in admitting under the business records exception to the hearsay rule a one-page summary of the amount owed under a lease when the underlying records were not available to the trial court and the parties.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report