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Capital City Developers, LLC v. Bank of North Georgia
316 Ga. App. 624
| Ga. Ct. App. | 2012
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Background

  • Bank of North Georgia sued Capital City Developers, LLC; Anderson Avenue Partners, LLC; Giles Properties, LP; and Benjamin Michael Giles, plus guarantors for 24 notes and guaranties.
  • Trial court granted summary judgment on liability and entered final judgment for $3,288,969.08 in principal, interest, and fees.
  • On appeal, Appellants challenged estoppel defenses and argued Bank failed to prove amounts owed with admissible evidence.
  • Bank submitted David O’Rear affidavit and printouts claiming current balance, interest, late charges, and fees; Appellants objected that summaries lacked underlying records and were inadmissible.
  • Court found Bank failed to establish damages with admissible evidence due to missing underlying records and mischaracterized summaries, affirmed liability but reversed damages and remanded.
  • Court also held estoppel defenses fail as a matter of law because notes and guaranties contain integration and no written consent to modifications; summary judgment on liability affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Bank met the damages burden with admissible evidence Bank Appellants Damages reversed; liability affirmed; remand for proper damages determinations
Whether estoppel defenses barred summary judgment Bank Appellants Estoppel defenses rejected; summary judgment proper on liability

Key Cases Cited

  • Shropshire v. Alostar Bank of Commerce, 314 Ga. App. 310 (2012) (evidentiary issues and reliance in estoppel contexts)
  • Jenkins v. Wachovia Bank, NA., 309 Ga. App. 562 (2011) (summary judgment standards and evidence sufficiency)
  • Patterson v. Bennett Street Properties, 314 Ga. App. 896 (2012) (detrimental reliance and estoppel requirements)
  • Griffin v. State Bank of Cochran, 312 Ga. App. 87 (2011) (enforceability of integration clauses and reliance)
  • Medders v. Smith, 245 Ga. App. 323 (2000) (estoppel requirements and good faith reliance)
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Case Details

Case Name: Capital City Developers, LLC v. Bank of North Georgia
Court Name: Court of Appeals of Georgia
Date Published: Jul 5, 2012
Citation: 316 Ga. App. 624
Docket Number: A12A0414
Court Abbreviation: Ga. Ct. App.