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EZ Green Assocs. LLC v. Georgia-Pacific Corp.

The record showed conflicting evidence regarding whether Georgia-Pacific made commercially reasonable efforts to sell the plaintiff's proprietary system for applying grass seed.

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This litigation arises from a contract between the parties regarding a proprietary system for applying grass seed.1 EZ Green Associates, LLC “EZ Green” brought this action for breach of contract and the covenant of fair dealing against Georgia-Pacific Corporation, its assignee, GP Cellulose, LLC formerly Koch Cellulose, LLC, and BlueYellow LLC, a GP Cellulose subsidiary collectively, “Georgia-Pacific”. Asserting that Georgia-Pacific breached the agreement by ceasing production and by failing to market the product, EZ Green sought damages as well as bad faith penalties and attorney fees under OCGA § 13-6-11. Georgia-Pacific filed an initial motion for summary judgment, which was denied, then renewed its motion for summary judgment on additional grounds. EZ Green filed a motion for partial summary judgment on Georgia-Pacific’s liability for breach of contract. The trial court denied EZ Green’s motion and granted summary judgment in favor of Georgia-Pacific, finding no issue of material fact regarding 1 whether Georgia-Pacific made commercially reasonable efforts to sell the product, and 2 whether Georgia-Pacific had the right under the contract to cease production.

Because the record shows conflicts in the evidence regarding these issues, the grant of summary judgment in favor of Georgia-Pacific was error, and we therefore reverse. For the same reason, EZ Green was not entitled to partial summary judgment in its favor, and we therefore affirm that portion of the trial court’s order. EZ Green also appeals the trial court’s order denying its request for a privilege log. Because EZ Green has failed to demonstrate from the record that the trial court abused its discretion, we affirm that order.

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