On June 23, 2011, the Georgia Court of Appeals affirmed the entry of summary judgment in favor of a landlord represented by Michael Rust and Bo Moss. Plaintiff, a former tenant, brought claims of fraud against the landlord arguing that the terms of a settlement agreement between the parties were later altered by statements allegedly made by employees of the landlord.
In affirming the trial court’s entry of summary judgment, the Court of Appeals agreed with Mr. Rust and Mr. Moss that the plaintiff could not justifiably rely upon any alleged misrepresentations made by the landlord’s employees as any amendments to the settlement agreement, according to its express terms, had to be in the form of a document signed by both the landlord and tenant.
