These appeals arise from a suit brought by Jerry W. Stoker and The Stoker Group, Inc. the Stokers alleging that various entities and individuals breached written and oral agreements to develop real property located in Houston County. The suit named as defendants Westbury Properties, Inc.; Casa Cajco, Inc.; Benjh, LLC; Edward E. Faircloth, and James Pleydell-Bouverie collectively referred to as the Westbury group, and included claims asserting breach of contract; unjust enrichment; breach of fiduciary duty, and defamation. The Westbury group answered and filed various counterclaims against the Stokers. The Stokers’ suit also asserted claims against the following limited liability companies LLCs formed by the Stokers and various members of the Westbury group as part of the development process: Bellemeade, LLC; Jerusalem Church Road, LLC; Hatcher Road, LLC; Bousto, LLC; Westo, LLC, and Willis Creek, LLC collectively referred to as the LLC group. Although the Stokers subsequently dismissed without prejudice all of their claims against the LLC group, the LLC group filed various counterclaims against the Stokers prior to the dismissal, which remained pending.1 The present appeal in Case No. A04A2108 and the cross-appeal in Case No. A04A2109 are from the trial court’s order on the parties’ cross motions for summary judgment on various claims and counterclaims. We review the trial court’s summary judgment rulings under the following standards: To prevail on a motion for summary judgment “the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. This burden may be carried by producing evidence which negates an essential element of the nonmoving party’s claim, or by pointing out the absence of evidence supporting an essential element of that claim. Lau’s Corp. , supra. We review de novo the trial court’s ruling on a motion for summary judgment, construing the evidence in the light most favorable to the nonmoving party. Durben v. American Materials , 232 Ga. App. 750 503 SE2d 618 1998.
A04A2108
