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Alexander v. Wachovia Bank, Nat'l Ass'n

The bank did not present any evidence regarding the amount of damages, and therefore was not entitled to judgment on the pleadings on the amount of damages.

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Christine H. Alexander appeals from the trial court’s grant of judgment on the pleadings to Wachovia Bank, National Association “Wachovia” in a suit brought by Wachovia to recover amounts allegedly owed by Alexander under the terms of a promissory note. Because Alexander’s pleadings disputed the amounts that Wachovia alleged were owed under the note, and because Wachovia failed to offer any proof as to those amounts, we vacate the order of judgment and remand the case for a determination of Wachovia’s damages. “On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the pleadings in a light most favorable to the appellant, drawing all reasonable inferences in her favor.” Punctuation omitted. Hewell v. Walton County .1 “All well-pleaded material allegations of the opposing party’s pleading are to be taken as true, and all allegations of the moving party which have been denied are taken as false.” Punctuation omitted. Rolling Pin Kitchen Emporium, Inc. v. Kaas .2

So viewed, the record shows that in September 2004, Alexander executed a promissory note in favor of Wachovia in the principal amount of $45,938.50, with an annual interest rate of 7.04. The loan was secured by a second lien on certain real property owned by Alexander, and was to be repaid in 360 monthly installments of $307.95. At some unspecified point in time between September 2004 and August 2009, Alexander defaulted on the note. Wachovia then initiated the current action.

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