Newton v. Sibley

DeWayne Newton appeals from the grant of summary judgment to James Sibley regarding money owed under two promissory notes executed by Newton.1 Newton argues that issues of fact remain regarding whether he can be held liable under the notes. We disagree and affirm. On appeal from the grant or denial of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. Holbrook v. Stansell , 254 Ga. App. 553, 553-554 562 SE2d 731 2002.

So viewed, the undisputed evidence reveals that Sibley entered a contract to purchase various properties from Newton. When Newton needed money to pay off liens on the properties so that he could close the deal with Sibley, he borrowed money from Sibley, executing three promissory notes —the first on January 29, 2002, for $271,950 plus interest, the second on February 7 for $80,000 plus interest, and the third on July 2 for $226,608.07.