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BUILDER MARTS OF AMERICA, INC. v. GILBERT

No. A02A1454.

572 S.E.2d 88 (2002)

257 Ga. App. 763

BUILDER MARTS OF AMERICA, INC. v. GILBERT.

Court of Appeals of Georgia.

October 8, 2002.

Attorney(s) appearing for the Case

Stokes, Lazarus & Carmichael, William K. Carmichael, David M. Lilenfeld, Atlanta, for appellant.

McNally, Fox & Grant, Patrick J. Fox, Fayetteville, for appellee.

MILLER, Judge.

Builder Marts of America, Inc. (BMA) appeals from the trial court's denial of its motion for summary judgment and the sua sponte grant of summary judgment to Alvin Gilbert, relieving Gilbert of his obligations as an alleged guarantor. On appeal BMA contends that the trial court erred in (1) concluding that the terms of a 1998 agreement between BMA and McLain's Building Materials, Inc. (McLain's) relieved Gilbert of his obligations as a guarantor, (2...

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