Contract. Gwinnett Superior Court. Before Judge Conner.
Wagner, Johnston & Rosenthal, Kenneth I. Sokolov, for appellant.
Andre Blaustein Kill & McCarthy, Brendan J. McCarthy, for appellees.
MCFADDEN, Judge. Andrews, P. J., and Ray, J., concur.
This appeal is from a trial court order in a business dispute on opposing motions for summary judgment. The trial court denied the plaintiff's motion in its entirety, and granted the defendants' motions in part and denied them in part. The plaintiff appeals, but as undisputed evidence establishes that its claims are barred by a contractual period of limitations or waived, it has failed to show that there exist genuine issues of material fact, and we affirm.
Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review a trial court's grant of summary judgment de novo, construing the evidence, and all reasonable conclusions and inferences drawn from it, in favor of the nonmovant.
Clay v. Oxendine, 285 Ga.App. 50 (645 S.E.2d 553) (2007) (citations and punctuation omitted).
So viewed, the evidence shows that beginning in May 2003, 3DH Corporation and its successor-in-interest, N4D, LLC, entered into a series of software development agreements and other contracts with Passmore Labs. Passmore Labs agreed to help develop technology for the conversion of two-dimensional images into three-dimensional images for use in film and other industries. The initial software development agreement of May 2003 contained a section entitled " Statute of Limitations," which provided: " No action, regardless of form, arising out of the services under this Agreement, may be brought by either party more than one year after the cause of action has accrued, except that an action for nonpayment may be brought within one year of the date of the last payment." The parties amended the agreement on three occasions, but did not alter the contractual period of limitation. In July 2009, the parties entered into another software development agreement which contained the same one-year " Statute of Limitations" section.
On December 15, 2010, N4D filed a complaint against Passmore Labs, Gregory Passmore and others (collectively, " Passmore" ), including [329 Ga.App. 566] claims for breach of contract, fraud and conversion. N4D claimed, among other things, that Passmore violated the terms of the agreements by entering into contracts with another entity, Legend Films, Inc., and thereby disclosing the two-dimensional to three-dimensional conversion technology. The parties filed opposing motions for summary judgment. After a hearing, the trial court granted Passmore's motions in part and denied them in part, and denied N4D's motion in its entirety. The trial court found, in pertinent part, that a number of N4D's claims were barred by the contractual one-year period of limitation. N4D appeals.
1. Contractual period of limitation.
N4D first enumerates that the trial court erred in holding that N4D cannot demonstrate fraud sufficient to toll the contractual one-year period of ...