Peach Blossom Dev. V. Lowe Elec. Supply, No. A09A1698.

CourtGeorgia Court of Appeals
Writing for the CourtBlackburn
Citation300 Ga. App. 268,684 S.E.2d 398
PartiesPEACH BLOSSOM DEVELOPMENT CO., INC. et al. v. LOWE ELECTRIC SUPPLY COMPANY.
Docket NumberNo. A09A1698.
Decision Date29 September 2009
684 S.E.2d 398
300 Ga. App. 268
PEACH BLOSSOM DEVELOPMENT CO., INC. et al.
v.
LOWE ELECTRIC SUPPLY COMPANY.
No. A09A1698.
Court of Appeals of Georgia.
September 29, 2009.

[684 S.E.2d 399]

Varner & Adams, G.E. Bo Adams, for appellants.

Larry A. Williams, Macon, for appellee.

BLACKBURN, Presiding Judge.


Lowe Electric Supply Company ("Lowe") initiated this litigation against Peach Blossom Development Co., Inc. ("Peach Blossom") and Tom A. Brightman, seeking to recover on an open account belonging to Peach Blossom and personally guaranteed by Brightman. Peach Blossom and Brightman now appeal from the trial court's order granting summary judgment in favor of Lowe, arguing that the evidence demonstrates a genuine issue of material fact. We agree and reverse.

To defeat a motion for summary judgment "[t]he respondent does not have to present conclusive proof to rebut [the] movant's evidence; if the respondent produces or points to any specific evidence, even slight, in the record giving rise to a triable issue of material fact, then summary judgment must be denied. . . ." Five Star Steel Constr. v. Klockner Namasco Corp.1 Thus, "[o]n appeal from a grant of summary judgment, we conduct a de novo review of the evidence to determine if there exists a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, entitle the movant to judgment as a matter of law." (Punctuation omitted.) Bone v. The Children's Place, Inc.2

So viewed, the record shows that Peach Blossom is a residential and commercial construction company and that Brightman serves as its president. In March 2008, Peach Blossom submitted a credit application to Lowe. As part of that application, Brightman executed a personal guaranty. Peach Blossom thereafter made a number of purchases from Lowe, which were charged to its account. Lowe's complaint sought to recover approximately $17,500 in principal allegedly due on the Peach Blossom account, as well as interest on that amount, costs, and attorney fees. Attached to the complaint were copies of two Peach Blossom account statements, which together listed approximately fifty-four invoices billed to Peach Blossom between July 18, 2008 and October 31, 2008.

After Peach Blossom and Brightman filed a joint answer denying the amount of the indebtedness, Lowe simultaneously filed an amended complaint and a motion for summary judgment. The amended complaint added a corporate verification, and Lowe's motion for summary judgment was premised on the argument that the general denials contained in the answer were insufficient to rebut the account documents attached to the now verified complaint. To further support its motion, Lowe submitted the affidavit of its credit manager, in which she averred that (i) Peach Blossom "ha[d] purchased and received materials on its account with Lowe . . . and ha[d] refused to pay the balance due"; and (ii) the amounts due on Peach Blossom's account were reflected in the account statements attached to her affidavit.3

In response to Lowe's summary judgment motion, appellants submitted Brightman's affidavit to support their denial as to the amount of the indebtedness. Specifically, Brightman averred: (i) that Peach Blossom had contracted with Lowe to provide electrical equipment at specific, negotiated prices for certain real estate developments being constructed by Peach Blossom; (ii) that the parties agreed that Peach Blossom would receive a specific discount for certain other types of electrical equipment, including wiring, wiring boxes, and conduit; and (iii) that in the invoices reflected on the account statements, Lowe had charged Peach Blossom prices that were significantly higher than those agreed to.

684 S.E.2d 400

Despite Brightman's affidavit, the trial court found that there existed no material issue of fact, granted Lowe's motion for summary judgment, and awarded it the entire amount requested in its complaint, as well as interest on that amount, attorney fees, and court costs. This appeal followed.

In granting Lowe summary judgment, the trial court relied exclusively on...

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15 practice notes
  • Howerton v. Harbin Clinic, LLC, No. A15A0141.
    • United States
    • Georgia Court of Appeals
    • July 16, 2015
    ...opposing summary judgment must “be taken as true for purposes of deciding that motion.” Peach Blossom Dev. Co. v. Lowe Elec. Supply Co., 300 Ga.App. 268, 271, 684 S.E.2d 398 (2009) (citation and punctuation omitted). Additionally, where the record shows that one or more witnesses have offer......
  • Smith v. Tibbits, A20A1987
    • United States
    • United States Court of Appeals (Georgia)
    • April 22, 2021
    ...Harding v. Ga. Gen. Ins. Co. , 224 Ga. App. 22, 25, 479 S.E.2d 410 (1996).32 See Peach Blossom Dev. Co., Inc. v. Lowe Elec. Supply Co. , 300 Ga. App. 268, 271, 684 S.E.2d 398 (2009) ("Nor was the trial court entitled to discount [the] affidavit because it was self-serving. Such an argument ......
  • Smith v. Tibbits, A20A1987
    • United States
    • Georgia Court of Appeals
    • April 22, 2021
    ...Harding v. Ga. Gen. Ins. Co. , 224 Ga. App. 22, 25, 479 S.E.2d 410 (1996).32 See Peach Blossom Dev. Co., Inc. v. Lowe Elec. Supply Co. , 300 Ga. App. 268, 271, 684 S.E.2d 398 (2009) ("Nor was the trial court entitled to discount [the] affidavit because it was self-serving. Such an argument ......
  • Clayton Cnty. v. Segrest, No. A15A0502.
    • United States
    • United States Court of Appeals (Georgia)
    • July 13, 2015
    ...any offense which would authorize a chase under the County's pursuit policy. See Peach Blossom Dev. Co. v. Lowe Elec. Supply Co., 300 Ga.App. 268, 271, 684 S.E.2d 398 (2009) (on a motion for summary judgment, “testimony must speak for itself” and it is inappropriate for the appellate court ......
  • Request a trial to view additional results
15 cases
  • Howerton v. Harbin Clinic, LLC, No. A15A0141.
    • United States
    • Georgia Court of Appeals
    • July 16, 2015
    ...opposing summary judgment must “be taken as true for purposes of deciding that motion.” Peach Blossom Dev. Co. v. Lowe Elec. Supply Co., 300 Ga.App. 268, 271, 684 S.E.2d 398 (2009) (citation and punctuation omitted). Additionally, where the record shows that one or more witnesses have offer......
  • Smith v. Tibbits, A20A1987
    • United States
    • United States Court of Appeals (Georgia)
    • April 22, 2021
    ...Harding v. Ga. Gen. Ins. Co. , 224 Ga. App. 22, 25, 479 S.E.2d 410 (1996).32 See Peach Blossom Dev. Co., Inc. v. Lowe Elec. Supply Co. , 300 Ga. App. 268, 271, 684 S.E.2d 398 (2009) ("Nor was the trial court entitled to discount [the] affidavit because it was self-serving. Such an argu......
  • Smith v. Tibbits, A20A1987
    • United States
    • Georgia Court of Appeals
    • April 22, 2021
    ...Harding v. Ga. Gen. Ins. Co. , 224 Ga. App. 22, 25, 479 S.E.2d 410 (1996).32 See Peach Blossom Dev. Co., Inc. v. Lowe Elec. Supply Co. , 300 Ga. App. 268, 271, 684 S.E.2d 398 (2009) ("Nor was the trial court entitled to discount [the] affidavit because it was self-serving. Such an argu......
  • Clayton Cnty. v. Segrest, No. A15A0502.
    • United States
    • United States Court of Appeals (Georgia)
    • July 13, 2015
    ...any offense which would authorize a chase under the County's pursuit policy. See Peach Blossom Dev. Co. v. Lowe Elec. Supply Co., 300 Ga.App. 268, 271, 684 S.E.2d 398 (2009) (on a motion for summary judgment, “testimony must speak for itself” and it is inappropriate for the appellate court ......
  • Request a trial to view additional results

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