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Touchton v. Amway Corp.

The 2-year statute of limitation for the plaintiffs' claims that the defendant violated the Sale of Business Opportunity Act, O.C.G.A. § 10-1-410 et seq., expired more than four years before the plaintiffs filed their suit.

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Don and Sue Ellen Touchton “appellants” filed this action against Amway Corporation “Amway” and several individuals in the Amway distribution network, asserting claims of fraud, breach of contract, and violations of the Sale of Business Opportunity Act, OCGA § 10-1-410, et seq “SBOA”. The trial court granted Amway’s motion for summary judgment on all claims. Appellants appeal the judgment only as to the SBOA claims, contending that the court erred in finding that those claims are barred by the two-year statute of limitations. OCGA § 10-1-401 a 1.1 We disagree and affirm.

In reviewing grants of summary judgment, “this court conducts a de novo review of the law and the evidence.” Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 163 1 493 SE2d 540 1997. To prevail at summary judgment under OCGA § 9-11-56, 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. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991.

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