X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Russell Wallace and The Cupboard, LLC “Cupboard” appeal from the trial court’s order granting partial summary judgment in favor of Sunshine Travel Center “Sunshine Travel”. The only issue on appeal is Wallace’s liability as a guarantor of Cupboard’s obligations under a lease with Sunshine Travel. For the reasons set forth below, we affirm the trial court’s grant of partial summary judgment in part, and reverse in part. On appeal, this Court reviews the trial court’s grant of summary judgment de novo to determine whether the evidence of record, viewed in a light most favorable to the nonmoving party, demonstrates any genuine issue of material fact. Summary judgment is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Citation and punctuation omitted. Columbus Clinic v. Liss , 252 Ga. App. 559, 562 556 SE2d 215 2001. Viewed in this light, the record shows that on June 23, 2003, Wallace signed an open-ended written guaranty for all current and future debts owed by Cupboard to Sunshine Travel. The written guaranty provided:

This is a continuing guaranty. Notice of acceptance is waived by Guarantor. It shall remain in full force until Guarantor delivers to the Creditor written notice revoking it as to indebtedness incurred subsequent to such delivery. Such revocation shall not affect the Guarantor’s obligations hereunder with respect to the guarantee of payment of all indebtedness that is incurred prior to the date of receipt of said notice by Creditor. One month later, Sunshine Travel assigned its interest as purchaser in a fuel requirements supply agreement with Citgo to Cupboard. The previously executed guaranty listed a “fuel supply or fuel marketing agreement” as an example of a future obligation that Wallace would guarantee on behalf of Cupboard.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›