Abbott Oil Co. Inc. v. Rogers

Abbott Oil Company, Inc. “Abbott Oil” appeals from the trial court’s order granting summary judgment in favor of Robert William Robertson, Mary Jane Robertson, and Robertson Investments, Inc.1 In its sole enumeration of error, Abbott Oil contends that the trial court erred by failing to find that a genuine issue of material fact existed with regard to the Robertson’s liability under the Uniform Fraudulent Transfers Act, OCGA § 18-2-70 et seq. We agree and therefore reverse this portion of the trial court’s summary judgment order. “On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citation and punctuation omitted. Cox Enterprises. v. Nix , 274 Ga. 801, 804 2 560 SE2d 650 2002. Viewed in this light, the record shows that Abbott Oil sold gasoline on credit to Savin’ Haven, Inc., a convenience store owned jointly by Tom and Vanessa Rogers. In December 2007, Savin’ Haven “became seriously in arrears in payment for gasoline.” At that time, the Rogerses and representatives of Abbott Oil engaged in negotiations to sell Savin’ Haven to Abbott Oil for $1.75 million. This “purchase price was arrived at by adding Savin’ Haven’s debts due to Georgia Bank & Trust Company, to the Small Business Administration, and to Abbott Oil.” Savin Haven owed Abbott Oil $244,897.94. Abbott Oil made its last delivery of gasoline on December 31, 2007 and refused to deliver any more gasoline to Savin’ Haven on credit as of January 4, 2008. Savin’ Haven closed for business sometime in January 2008.

According to the President of Abbott Oil, Vanessa Rogers orally agreed to sell Savin’ Haven to Abbott Oil for $1.75 million in January of 2008. On January 25, 2008, however, the Rogerses signed a written contract in which they agreed to sell the land on which the store was located and all of its fixtures to Robert and Mary Robertson for $1.75 million.