Taquechel v. Chattahoochee Bank

2 Citing cases

  1. Alcatraz Media, LLC v. Yahoo! Inc.

    290 Ga. App. 882 (Ga. Ct. App. 2008)   Cited 17 times
    Finding that trial court did not abuse its discretion in considering affidavit filed by defendant (in support of motion to dismiss for lack of personal jurisdiction) after the court-imposed deadline had expired, where plaintiff had adequate notice and opportunity to respond

    " (Citation omitted.) Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 SE2d 8) (1991). However, given that Yahoo attached to its Second Weiss Affidavit its business records showing that the parties entered into the contract at issue on March 19, 2002, the terms and conditions of which included a Los Angeles, California forum selection clause, the trial court properly considered the same to that effect.

  2. Pruett v. Commercial Bank

    424 S.E.2d 284 (Ga. Ct. App. 1992)   Cited 6 times
    In Pruett v. Commercial Bank of Ga., 206 Ga. App. 103 (424 S.E.2d 284) (1992) (the first appeal), we affirmed the grant of summary judgment in favor of Commercial Bancorp for the $2,100,000 principal amount due on the note and for pre-judgment interest due on the note through May 31, 1991.

    The promissory note became in default by its terms when Pruett and Groover failed to pay the defaulted real estate note under their personal guarantees. Appellants claim that two affidavits supporting summary judgment which were relied upon to establish the amounts due on the notes were insufficient because no bank records were attached. See Taquechel v. Chattahoochee Bank, 260 Ga. 755 ( 400 S.E.2d 8) (1991) (affidavit which relied upon and referred to bank records was insufficient to support summary judgment where the records were not attached to the affidavit). The affidavits here do not refer to or rely upon bank or other records. Rather, they show that the affiant is personally familiar with both notes, the repayment history, default, and amounts due. Since this testimony was based on personal knowledge of the facts, it was sufficient, without attachment of records from which the facts may have been generated, to establish a prima facie case in support of summary judgment.