#MAC PAPERS INC TRIAL#
"The trial court's findings are equivalent to a jury's findings in a law action." Branche Builders, Inc. "The trial findings of fact will not be disturbed upon appeal unless found to be without evidence which reasonably supports the judge'sįindings." Id. "In an action at law, on appeal of a case tried without a jury, the appellate court's standard of review extends only to the correction of errors of law." Id. "An action for breach of contract is an action at law." Electro-Lab of Aiken, Inc. "When legal and equitable actions are maintained in one suit, each retains its own identity as legal or equitable for purposes of the applicable standard of review on appeal." Consignment Sales, LLC v. The trial court found Kudeviz liable for Genesis's debt pursuant to the 1991 guaranty, but held Kudeviz's liability was capped at $ 70,000 by the terms of the credit application contemporaneously executed.
#MAC PAPERS INC FREE#
Personal note?" Boortz replied, "Yes she is and feel free to call her on anything related to the note." As part of an email to Boortz regarding a sale, Kudeviz asked, "On a separate subject is working on releasing my Kudeviz claimed he terminated his personal guaranty by an email exchange with Boortz on July 12, 2010. Accordingly, Mac sought $ 399,685.60 from Kudeviz, which was the difference between the outstanding debt and Zissok's settlement.ĭuring trial, Mac called two witnesses, Tonja Van Zandt, its vice president and finance manager, and Craig Boortz, the general manager of its Greenville office and primary salesperson for Genesis's account. Genesis filed bankruptcy, Zissok settled separately for $ 32,500, and Levin is now deceased.
Mac filed a complaint for breach of contract against Genesis and breach of guaranty against Genesis's three principals, Kudeviz, Zissok, and Levin, for the unpaid balance of $ 432,185.60. In 2010, Genesis settled with its insurance company and paid Mac in full.īetween 20, Genesis accrued additional financial obligations to Mac, and by September 4, 2012, Genesis owed Mac $ 432,185.60.
#MAC PAPERS INC PLUS#
On February 2, 2009, Kudeviz endorsed another note for the sum of the first note, plus additional debt accrued during the interim time frame for a total of $ 401,852.51. As part of the restructuring, on December 9, 2008, Kudeviz, on behalf of Genesis, endorsed a note for $ 303,836.32 and signed a separate personal guaranty containing the same language as the 1991 guaranty.
While Genesis litigated with its insurance carrier over coverage, Mac extended Genesis significant credit and flexibility so it could maintain its operation by restructuring some of its debt. Between 19, Mac and Genesis conducted business without incident however, on March 28, 2008, Genesis's Greenville operation suffered a devastating fire that disrupted their business.
In 2007, Genesis moved its operation from Miami to Greenville. 400 assigns, at its office in Jacksonville, Florida, except the written termination of this guaranty by the undersigned shall be effective only as to future credit from and after the date, its successors or assigns, receives the aforesaid notice, i.e., any termination hereof as aforesaid shall not affect credits extended prior to its effective termination.
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