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Angel Bus. Catalysts LLC v. Bank of the Ozarks

The creditor's supporting documents were admissible as business records and the creditor sufficiently established the debts each individual guarantor owed.

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Bank of the Ozarks the “Bank”, as successor to the original lender, pursued an action to recover the outstanding balance on a promissory note guaranteed by Charles Merrill, III, Lee D. Gaskins, III, and Eric Fitchner the “Guarantors”.1 The Bank moved for summary judgment, which the trial court granted. On appeal, the Guarantors contend that the trial court erred in granting the Bank’s motion for summary judgment because the Bank failed to show that a supporting affidavit and the attached documents were admissible as business records, and that the attached documents did not establish the amounts they owed. For the reasons set forth below, 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. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citation and punctuation omitted. Kensington Partners v. Beal Bank Nevada, 311 Ga. App. 196 715 SE2d 491 2011.

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