Copy Systems of Savannah, Inc. v. Page
| Decision Date | 30 October 1990 |
| Docket Number | No. A90A2190,A90A2190 |
| Citation | 197 Ga.App. 435,398 S.E.2d 784 |
| Parties | COPY SYSTEMS OF SAVANNAH, INC. v. PAGE. |
| Court | Georgia Court of Appeals |
McCorkle, Pedigo, Hunter & Johnson, David H. Johnson, Savannah, for appellant.
Middleton & Anderson, Michael K. Mixson, Savannah, for appellee.
Appellee Chris W. Page sued appellant Copy Systems of Savannah seeking to recover a bonus he claimed to be due as a former employee under a provision of the company's incentive Bonus Plan. This provision recited as follows:
"MANAGER'S BONUS POOL":
Qualifying Managers will participate in bonuses based on the consolidated financial statements of Copy Systems. The participation rate for the managers is expressed as a % of profits and is based on greater participation rates for greater profit levels. The profit levels and participation rates are as follows:
PROFIT AMOUNT AVAILABLE BONUS
$100,000 -- $150,000 15.0% of before tax profit
151,000 -- 250,000 17.5% of before tax profit
251,000 -- 350,000 20.0% of before tax profit
351,000 k 22.5% of before tax profit
Copy Systems' before-tax profit for the year in question was $125,373.99. Page was entitled to receive forty percent of the bonus pool under the Plan, and he contended that his share of the before-tax profit was forty percent of fifteen percent of $125,373.99, or $7,522.44. Copy Systems argued that the "Available Bonus" was intended to be calculated by applying the graduated percentages only to that portion of the total profit falling within the specified ranges of the "Profit Amount"; that is, in the present case, forty percent of fifteen percent of the amount of profit between $100,000 and $150,000, or $25,373.99. In the alternative, Copy Systems asserted that the contract presented an ambiguity requiring jury determination. The trial court ruled that the language of the provision was unambiguous that the percentage of each profit range should be applied to the total amount of before-tax profit to calculate the available bonus pool. Copy Systems appeals from the grant of Page's motion for summary judgment. Held:
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