Filed: Dec. 20, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10567 Summary Calendar THE MONEY STORE INVESTMENT CORP., A New Jersey Corporation, Plaintiff-Appellee, VERSUS FIVE STAR HOTEL CORP., ET AL., Defendants, Appeal from the United States District Court for the Northern District of Texas (3:98-CV-1905-T) December 16, 1999 Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges. PER CURIAM:* Appellants, who executed guaranty agreements guaranteeing the obligation of the Five Star Hotel Corpo
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-10567 Summary Calendar THE MONEY STORE INVESTMENT CORP., A New Jersey Corporation, Plaintiff-Appellee, VERSUS FIVE STAR HOTEL CORP., ET AL., Defendants, Appeal from the United States District Court for the Northern District of Texas (3:98-CV-1905-T) December 16, 1999 Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges. PER CURIAM:* Appellants, who executed guaranty agreements guaranteeing the obligation of the Five Star Hotel Corpor..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10567
Summary Calendar
THE MONEY STORE INVESTMENT CORP., A New Jersey Corporation,
Plaintiff-Appellee,
VERSUS
FIVE STAR HOTEL CORP., ET AL.,
Defendants,
Appeal from the United States District Court
for the Northern District of Texas
(3:98-CV-1905-T)
December 16, 1999
Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.
PER CURIAM:*
Appellants, who executed guaranty agreements guaranteeing the
obligation of the Five Star Hotel Corporation, challenge the
district court’s summary judgment against them on their guaranty
agreements. We find no error and affirm.
Appellants do not challenge the fact that Five Star defaulted
on the underlying note or that they signed guaranty agreements
guaranteeing Five Star’s obligation. Rather, they argue that the
district court erred in rejecting their affirmative defense that
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
the Money Store failed to perfect a security interest in the real
property securing the underlying indebtedness and thereby failed to
protect and preserve the value of the collateral. The district
court correctly rejected this defense as a matter of law because
the clear language of the guaranty agreements which appellants
signed excluded such a defense to the guarantors.
We are also satisfied that the district court did not abuse
its discretion in denying the guarantors’ motion for continuance to
conduct additional discovery. Appellants conducted little or no
discovery in the seven months the suit was pending. Also, the
appellants did not present plausible support for their belief that
they would discover material that would provide them with
ammunition that would defeat the summary judgment. A non-movant in
the position of the appellants cannot rely on vague assertions that
discovery will produce needed but unspecified facts. Washington v.
Allstate Insur. Co.,
901 F.2d 1281, 1285 (5th Cir. 1990).
AFFIRMED.
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