North Carolina Lawyers Weekly
High Point Bank & Trust Co. v. Hoffman Builders, Inc. (Lawyers Weekly No. 11-07-0556, 13 pp.) (Cressie H. Thigpen Jr., J.) Appealed from Guilford County Superior Court. (Anderson D. Cromer, J.) N.C. App. Click here for the full-text opinion.
Holding: One of the two defendant-guarantors, Karen Hoffman, presented evidence that she simply signed what defendants’ lawyer told her to sign, that she had never spoken to anyone from the plaintiff-bank, and that she did not receive a benefit from signing the guaranty. No such evidence was presented as to the other defendant-guarantor or the defendant-borrower. Therefore, the factual issues surrounding the bank’s claims against Karen Hoffman are not the same as the factual issues surrounding the bank’s claims against the remaining defendants.
The trial court granted summary judgment for the bank as to defendant Hoffman Builders, Inc. and Randy Hoffman. Since the bank’s claims against Karen Hoffman remain, this appeal is interlocutory. Appeal dismissed.
Even if the factual issues among the defendants were the same, defendants have failed to show the possibility of inconsistent verdicts. Assuming any number or combination of the three defendants is ultimately adjudged responsible for the indebtedness arising from the note, their liability is joint and several, and there can only be one satisfaction. Defendants have not met their burden to show a possibility of inconsistent verdicts.
