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Thompson v. LaFarge Bldg. Materials, Inc.

Court of Appeals of Georgia

April 16, 2015

THOMPSON
v.
LaFARGE BUILDING MATERIALS, INC

Guaranty. Cobb State Court. Before Judge Golick.

Dupree & Kimbrough, Hylton B. Dupree, Jr., Blake R. Carl, for appellant.

Cohen, Cooper, Estep & Allen, Scott A. Schweber, for appellee.

OPINION

Doyle, Presiding Judge.

In Thompson v. LaFarge Bldg. Materials,[1] we reversed the trial court's grant of summary judgment to LaFarge Building Materials (" LaFarge" ) on the basis that a personal guaranty signed by Larry Thompson did not meet the requirements of the Statute of Frauds. Thereafter, LaFarge petitioned for certiorari to the Supreme Court of Georgia, which the Court granted. In Lafarge Bldg. Materials v. Thompson, the Supreme Court reversed our decision, ruling that the personal guaranty met the requirements of the Statute of Frauds.[2] Consequently, we vacate our previous opinion and adopt the Supreme Court's opinion as our own.

Judgment affirmed.

Phipps, C. J., Barnes, P. J., Ellington, P. J., McFadden, Boggs and Branch, JJ., concur.


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