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