Gilco Invs. Inc. v. Stafford Cordele LLC

In this lease dispute, Gilco Investments, Inc. Gilco, assignee of the original lessee, and its guarantors1 appeal in Case No. A04A0431 from the trial court’s grant of summary judgment to Stafford Cordele, LLC Stafford, successor in interest of the original lessor. In Case No. A04A614, Stafford appeals from that order on the ground that, although supported by evidence, part of its damages were not awarded. They are consolidated for purposes of this appeal. 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 a light most favorable to the party opposing the motion, warrant judgment as a matter of law. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. “Our review of a grant of summary judgment is de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant.” Footnote omitted. Smith v. Bulloch County Bd. of Commrs. , 261 Ga. App. 667 583 SE2d 475 2003.

On August 5, 1997, JDN Realty Corp. JDN and Fit for Feet, Inc. signed a five-year lease agreement, pursuant to which Fit for Feet was going to open an Athlete’s Foot shoe store in a JDN-owned shopping center. On September21, 1998, Fit for Feet, with the consent of JDN, assigned this lease to Gilco. As part of this assignment, Cook, Palmer, and Giles personally guaranteed to JDN the rental obligations of Gilco.