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Brzowski v. Quantum Nat'l Bank

The lack of an execution date on a personal guaranty did not violate the Statute of Frauds because the express language of the guaranty sufficiently identified the debt that it covered and the execution date was thus not an essential term.

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Ronald R. Brzowski appeals the trial court’s judgment in favor of Quantum National Bank “Quantum” in this case arising out of a loan transaction between appellee Quantum and Patrick Circle Partners, LLC “Patrick Circle”. Brzowski contends the trial court erred in holding that he signed a valid personal guaranty for the debts owed to Quantum by Patrick Circle and in finding him liable for attorney’s fees under OCGA § 13-1-11. For the following reasons, we affirm. On appeal, a trial court’s findings of fact after a bench trial will not be disturbed if there is any evidence to support them.1 However, this Court reviews the trial court’s conclusions of law de novo.2

So construed, the evidence shows that Quantum loaned the sum of $588,656.98 to Patrick Circle on September 19, 2007. The loan was evidenced by a Universal Note and Security Agreement the “Note” signed on September 19, 2007, by Brzowski as managing member of Patrick Circle.

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