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Smith v. Gordon

Economic distress does not constitute legal duress.

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This case arises out of a transaction involving the sale of an automobile dealership from Irene Gordon to Lee Cavendar and Robert Smith.1 Gordon filed a motion for summary judgment to recover on a promissory note signed by Smith and Cavendar. The trial court granted Gordon’s motion for summary judgment, and Cavendar appeals. We find no error and affirm the trial court’s judgment. 1. When reviewing the grant or denial of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence.2 To prevail at 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.3 Where the movant is the plaintiff, she has the burden of presenting evidence to support her claim and the burden of piercing the defendant’s affirmative defenses.4

Here, Gordon has met her burden of establishing a prima facie case. “A creditor in possession of a valid and signed promissory note has a prima facie right to repayment, unless the debtor can establish a valid defense.”5 Cavendar does not dispute executing the promissory note, thus production of the note establishes a prima facie case.6 Cavendar, however, attempts to avoid liability on the note by raising the defenses of breach of contract and fraud. However, even when viewed in the light most favorable to Cavendar, there are no disputed material facts regarding Cavendar’s obligation under the note. The trial court properly entered summary judgment in Gordon’s favor.

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