Fleet One, LLC., v. John Cook, et al.

This appeal challenges the dismissal of a defendant. The circuit court granted John Cook's Tenn. R. Civ. P. 41.02 motion for involuntary dismissal and found that he did not personally guarantee the debt of Bennett Hill Spring, LLC when he signed the Credit Application as "Operations Manager." Appellant challenges the circuit court's decision to grant the motion which dismissed John Cook as an individual defendant. As discussed below, we affirm the judgment of the circuit court granting John Cook's motion for involuntary dismissal. The circuit court was correct that, from a reading of the contract as a whole, it is not apparent that John Cook personally guaranteed payment by signing the Credit Application.