Peach Blossom Dev. Co. Inc. v. Lowe Electric Supply Co.

A question of fact existed as to the amount owed on the open account.

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Lowe Electric Supply Company “Lowe” initiated this litigation against Peach Blossom Development Co., Inc. “Peach Blossom” and Tom A. Brightman, seeking to recover on an open account belonging to Peach Blossom and personally guaranteed by Brightman. Peach Blossom and Brightman now appeal from the trial court’s order granting summary judgment in favor of Lowe, arguing that the evidence demonstrates a genuine issue of material fact. We agree and reverse. To defeat a motion for summary judgment “the respondent does not have to present conclusive proof to rebut the movant’s evidence; if the respondent produces or points to any specific evidence, even slight, in the record giving rise to a triable issue of material fact, then summary judgment must be denied . . . .” Five Star Steel Constr. v. Klockner Namasco Corp. 1 Thus, “on appeal from a grant of summary judgment, we conduct a de novo review of the evidence to determine if there exists a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, entitle the movant to judgment as a matter of law.” Punctuation omitted. Bone v. The Children’s Place, Inc. 2

So viewed, the record shows that Peach Blossom is a residential and commercial construction company and that Brightman serves as its president. In March 2008, Peach Blossom submitted a credit application to Lowe. As part of that application, Brightman executed a personal guaranty. Peach Blossom thereafter made a number of purchases from Lowe, which were charged to its account. Lowe’s complaint sought to recover approximately $17,500 in principal allegedly due on the Peach Blossom account, as well as interest on that amount, costs, and attorney fees. Attached to the complaint were copies of two Peach Blossom account statements, which together listed approximately 54 invoices billed to Peach Blossom between July 18, 2008 and October 31, 2008.

Peach Blossom Dev. Co. Inc. v. Lowe Electric Supply Co.

A question of fact existed as to the amount owed on the open account.

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