We Care Transportation Inc. v. Branch Banking and Trust Company, 335 Ga. App. 292

We Care borrowed $350,000 from BB&T in October 2004 to purchase property; Hadley executed a promissory note and security deed and a personal guaranty; The security deed gave BB&T power of sale upon default; Loan terms were later modified with new note and guaranty; We Care defaulted by 2012 and was delinquent on taxes; BB&T accelerated the loan and proceeded with foreclosure notices leading to a sale scheduled for November 5, 2013.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper on all claims.	We Care/Hadley claimed discovery could show triable facts.	BB&T/Quirk showed no triable issues and proper acceleration/notice.	Yes; summary judgment affirmed on the merits.
Whether failure to complete discovery bars reversal of summary judgment.	Discovery could reveal genuine issues of material fact.	Discovery had closed; failure to pursue does not negate JMOL.	Yes; failure to pursue discovery does not warrant reversal.
Whether the appeal is frivolous and warrants sanctions.	(No substantive argument against sanctions in initial brief.)	Appellants engaged in frivolous, delay-harassment tactics by counsel.	Sanctions upheld; Roberts must pay $2,500 total.
Whether sanctions against counsel should be entered despite relief for clients.	(Not asserted in initial brief.)	Counsel’s misconduct justifies sanctions.	Sanctions awarded against counsel only; clients unaffected.

Cowart v. Widener, 287 Ga. 622 (Ga. 2010) (summary judgment burden and shifting of burden to movant)
Corry v. Robinson, 207 Ga. App. 167 (Ga. App. 1993) (timeliness and discovery procedures considerations)
Austin v. Clark, 294 Ga. 773 (Ga. 2014) (standard of review for failure to state a claim and related considerations)
Advanced Technology Svcs. v. KM Docs, 330 Ga. App. 188 (Ga. App. 2014) (arguments not raised in initial brief not considered on appeal)