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PlayNation Play Sys. Inc. v. Jackson

The defendant could not be held responsible for the debt his corporation's current fictitious company or "d/b/a" incurred, since the debtor listed on the personal guaranty at issue was his corporation's prior d/b/a, without any reference to the corporation or other legal person it described.

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In this action on a personal guaranty, PlayNation Play Systems, Inc. “PlayNation” appeals from the trial court’s grant of Robert Jackson II’s motion for summary judgment. For the following reasons, we affirm. On appeal, we review a trial court’s grant of summary judgment de novo, construing the evidence and all inferences drawn from it in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997. The relevant facts here are undisputed. Jackson and Gerald Flanagan1 owned The Bottom Line, a limited liability Pennsylvania corporation, and conducted business under the fictitious name or “d/b/a” of Swingset Planet. The company sold and installed children’s swing sets and operated an indoor play center. The swing sets were purchased pursuant to a 2006 dealership agreement between Swingset Planet and PlayNation, a manufacturer of children’s playground equipment.

Jackson executed a personal guaranty for the debts of “Swing Set Planet” a month after the parties entered into the dealership agreement. The guaranty listed Swing Set Planet as the principal debtor. In 2008, PlayNation licensed its name and Jackson and Flanagan changed The Bottom Line’s fictitious name to PlayNation Parties and Playgrounds “PlayNation Parties” and continued to conduct the same business.

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