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BYERS v. McGUIRE PROPERTIES, INC.

No. S09A0695.

679 S.E.2d 1 (2009)

BYERS et al. v. McGUIRE PROPERTIES, INC. et al.

Supreme Court of Georgia.

Reconsideration Denied June 15, 2009.

Attorney(s) appearing for the Case

Beloin, Brown, Blum & Baer, Frederic S. Beloin, Charles W. Brown, Ray B. Gary, Jr., Atlanta, for appellants.

Proctor Hutchins, Robert J. Proctor, Adam C. Caskey, Atlanta, for appellees.

Andersen, Tate & Carr, Thomas T. Tate, Jason W. Blanchard, Lawrenceville, for amici curiae.

CARLEY, Justice.

In January 2000, McGuire Properties, Inc. (McGuire) and its president, George Nemchik, assisted Portfolio Homes Development Company, LLC (PHDC), which had been formed by James O. Sissine, Jr., in obtaining a construction loan from First Capital Bank for development of a 12-lot luxury home subdivision owned by PHDC. McGuire served as manager of PHDC, Nemchik personally guaranteed the loan, and PHDC executed security deeds naming as grantees First Capital...

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