Patrick R. Nugent and Richard H. Ray signed a business credit card application with Suntrust Bank but did not indicate that they were signing as corporate representatives. They contend that they signed the application as guarantors of a corporate credit card and not as individual applicants. When the account went unpaid, Suntrust brought suit against Nugent and Ray individually. The trial court granted Suntrust’s motion for summary judgment on the outstanding debt plus interest and denied Ray’s cross motion for summary judgment. Nugent and Ray appeal. On appeal from a grant of summary judgment, this Court conducts a de novo review of the record, construing the evidence and all inferences therefrom most favorably to the nonmoving party. Maddox v. Southern Engineering Co., 231 Ga. App. 802-803 500 SE2d 591 1998. “The movant is not entitled to judgment as a matter of law unless, construing the evidence most favorably to the nonmoving party, the movant shows a prima facie case. Unless and until the movant meets this initial burden, no evidentiary burden shifts to the nonmovant.” Young v. Faulkner, 251 Ga. App. 847, 848 555 SE2d 221 2001. Accordingly, Suntrust bears the burden on summary judgment of showing that it is entitled to collect the full amount from Nugent and Ray.
Suntrust has introduced four documents: 1 the undated “Business Card Application” signed by Ray and Nugent showing a credit limit of $5,000; 2 the monthly account statement dated November 28, 1999, addressed to “Corporate Account, Sports Franchises, Inc.,” showing a balance of $13,080.76; 3 a check dated March 3, 1998 from Ray to Suntrust in the amount of $343.00; and 4 the March 1998 monthly account statement showing a credit limit of $10,000.
