Bosarge v. LWC MS Properties, LLC
Annotate this CaseThis appeal stemmed from the grant of summary judgment and a final judgment against Melanie Bosarge. The trial court found that Bosarge was individually liable for the deficiency balance after foreclosure under the terms of a personal guaranty she executed in relation to a secured loan made to her company, Indian Head Station, LLC ("Indian Head"). On appeal, Bosarge argued that a material issue of fact existed, inter alia, as to the value of the property securing the debt, that LWC MS Properties, LLC (LWC) should not have been permitted to maintain suit as a dissolved corporation, and that Bosarge should have been allowed to amend her pleadings and answer under Mississippi Rule of Civil Procedure 15. After review, the Supreme Court agreed that material facts indeed existed, and reversed and remanded the case with respect to summary judgment. Further, the Court found the second and third issues should have been addressed by the trial court upon remand.
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