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Jordan v. Tri County Ag Inc.

Plaintiff's error in charging excessive interest on a debt was caused by a glitch in plaintiff's software, rather than intentional usury.

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In this action for repayment of a debt, Wiley Jordan appeals the trial court’s denial of his motion for summary judgment, contending that he is not liable to Tri County Ag, Inc. for funds borrowed by Jack Daniel Garrett pursuant to a $200,000 line of credit. Jordan also appeals the trial court’s grant of partial summary judgment to Tri County, contending that, even if he were liable under the line of credit agreement: 1 Tri County misapplied payments and credits on the account; 2 he cannot be held responsible for amounts lent to Garrett which exceeded the $200,000 line of credit limit; 3 Tri County charged usurious interest rates, and, as such, forfeited its right to collect any interest on past due amounts; and 4 Tri County violated RICO laws and, therefore, is not entitled to enforce the credit agreement. For the reasons set forth below, we affirm in part and reverse in part.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

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