JBM Investments, LLC v. Callahan Industries, Inc.

Naik v. Hyde Park Homes, Inc.
899 S.E.2d 271 (Ga. Ct. App. 2024)
Motion for summary judgment
Contract - Other
We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant." JBM Investments v. Callahan Indus., 293 Ga. App. 580, 582 (1), 667 S.E.2d 429 (2008).
Merrill Ranch Properties, LLC v. Austell
336 Ga. App. 722 (Ga. Ct. App. 2016) Cited 12 times
Motion for summary judgment
Fraud - Other
Fraud - Fraudulent Conveyance
Holding that when creditor of member, without creditor-debtor relationship with company, obtains charging order, it does not gain "standing under UFTA to set aside transfer of assets made by LLC solely by obtaining" that order
To answer this question, we must determine if, as the trial court found, the assignment of the Loan to Plaintiff was ineffective because Peoples Bank had already assigned the Loan to the Steering Committee pursuant to the terms of the Subparticipant Agreement. We begin our analysis by turning to the relevant provisions of the Agreement, which we review under the usual rules of contract construction, JBM Investments, LLC v. Callahan Indus., Inc., 293 Ga.App. 580, 582(1), 667 S.E.2d 429 (2008), mindful that "[w]here contract language is unambiguous, construction is unnecessary, and the court simply enforces the contract according to its clear terms." (Citation and punctuation omitted.)