Koncul Enters. Inc. v. Fleet Fin. Inc.

The 6-years statute of limitation for written agreements applied to the plaintiff's claims for breach of contract arising out of five partial purchase agreements.

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A homebuilder sued a financing company, alleging that the financing company had breached its contracts and committed a variety of torts when it misquoted balances on and assigned away the mortgage accounts it had agreed to service for the homebuilder. The trial court granted summary judgment to the financing company on grounds including that the action was barred by the statutes of limitation, and the homebuilder appeals. We find no reversible error and 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. OCGA § 9-11-56 c.” Matjoulis v. Integon Gen. Ins. Corp ., 226 Ga. App. 459 1 486 SE2d 684 1997. A defendant moving for summary judgment may put forth evidence to show that there is no issue of fact as to one or more elements of the plaintiff’s causes of action or demonstrate that the record lacks sufficient evidence to support one or more of the plaintiff’s causes of action. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. We review the grant or denial of summary judgment de novo, construing the evidence in favor of the nonmovant. Matjoulis , supra.

So viewed, the record here shows that between 1989 and 1991, Koncul Enterprises, Inc. Koncul, a homebuilding and contracting company, entered into five so-called “partial purchase agreements” with Fleet Finance, Inc. and Fleet Finance, Inc. of Georgia Fleet. Koncul assigned the underlying notes and security deeds concerning the subject properties thereby creating the so-called Ferguson, Harrington, Howard, Rodriguez, and Zellner accounts to Fleet in exchange for Fleet’s payment of a lump sum on each of the accounts for periods ranging from 60 to 180 months. Fleet also agreed to service these accounts.

Koncul Enters. Inc. v. Fleet Fin. Inc.

The 6-years statute of limitation for written agreements applied to the plaintiff's claims for breach of contract arising out of five partial purchase agreements.

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