In this suit on promissory notes and personal guaranties of the notes, William Brooks appeals from the trial court’s order granting partial summary judgment to Gwinnett Community Bank as to Brooks’ affirmative defense that he was released as a guarantor of the notes. Because such a release must be in writing and there is no evidence of a written release, 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.’ Cit.” Core LaVista, LLC v. Cumming , 308 Ga. App. 791 709 SE2d 336 2011. So construed, the evidence shows that Gwinnett Community Bank loaned $3,195,400 to International Hospitality, LLC, which executed a promissory note in that amount. International Hospitality obtained another loan from the bank and executed another promissory note in the amount of $400,000. Brooks and other members of International Hospitality executed a guaranty, personally guaranteeing repayment of the indebtedness of the company up to $3,926,000. Brooks eventually sold his interest in International Hospitality and other entities to Giorgio Medici, another member of International Hospitality, for $1.7 million. The agreement between Medici and Brooks noted that Brooks had personally guaranteed loans to the company and that Medici would take action “to have Brooks released of any and all personal guaranties.” Brooks called bank loan officer Joseph Godfrey, who said that the bank would release Brooks from his personal obligations arising from his involvement with International Hospitality.
International Hospitality subsequently defaulted on the loans, and Gwinnett Community Bank filed suit on the promissory notes and guaranty against International Hospitality and the individual guarantors. Brooks answered, asserting, among other things, the affirmative defenses of accord and satisfaction and that he had been released from his guaranty. Gwinnett Community Bank moved for partial summary judgment as to those affirmative defenses, and the trial court granted the motion. Brooks appeals, arguing that there are genuine issues of material fact as to whether he was released from the guaranty. The argument is without merit.
