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Kennerly v. First Colony Bank
Citations: 205 Ga. App. 352; 422 S.E.2d 243; 1992 Ga. App. LEXIS 1154Docket: A92A0921
Court: Court of Appeals of Georgia; September 8, 1992; Georgia; State Appellate Court
White River Development, Ltd. executed a promissory note for $25,050 in favor of First Colony Bank (FCB), with Dantzler Kennerly providing a personal guaranty. Following White River's default, FCB filed a complaint against Kennerly and others, leading to the trial court granting summary judgment in favor of FCB. Kennerly was ordered to pay the principal amount of $25,050, interest of $2,546.16, attorney fees of $2,784.62, and costs. Kennerly appealed, arguing that the trial court erred by granting summary judgment due to an alleged genuine issue of material fact regarding the consideration for his guaranty, claiming an oral agreement by FCB to satisfy White River’s debt from sales commission assignments. The court found Kennerly's argument unmeritorious, noting that parol evidence cannot be used to contradict the clear terms of a written guaranty, which was deemed unambiguous and unconditional. The guaranty explicitly acknowledged consideration and stated it was absolute and continuing, making Kennerly unable to alter its terms through oral assertions. The court concluded there were no genuine issues of material fact or law, deeming Kennerly's appeal frivolous and awarding FCB damages of ten percent of the judgment amounting to $3,038.08. The judgment was affirmed, with all judges concurring.