Ingles Markets, Inc. “Ingles” sued Covington Square Associates, LLC “Covington”, for conversion, unjust enrichment, attorney fees, and punitive damages arising out its refusal to return a check Ingles alleged it paid by mistake. The trial court granted partial summary judgment to Ingles on its claims for conversion, attorney fees, and punitive damages, ruling that Covington wrongfully asserted dominion or control over Ingles’ property; that Ingles is entitled to attorney fees and punitive damages; and that the amounts of those damages are to be determined at trial. Covington appeals these rulings. For the following reasons, we affirm the trial court’s ruling as to the claims for conversion and attorney fees, but reverse as to the claim for punitive damages. Our review of the grant of summary judgment is de novo.1 To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Where the movant is the plaintiff, she has the burden of presenting evidence to support her claim and the burden of piercing the defendant’s affirmative defenses.2 So viewed, the record reflects that in 1987, Ingles and a prior owner of Covington Square Shopping Center in DeKalb County the “Shopping Center” entered into an agreement for Ingles to lease certain space in the Shopping Center the “Lease”. Under the terms of the Lease, Ingles paid a portion of the real estate taxes for the Shopping Center. In 1994, Covington purchased the Shopping Center and became Ingles’s landlord. According to Ron Freeman, Ingles’s Chief Financial Officer, Ingles fully paid all real estate tax charges to Covington during the time it owned the Shopping Center. Ingles also paid a portion of the cost to hire a security guard for the Shopping Center.3 In 2004, Northeast Enterprises, Inc. “Northeast Enterprises” purchased the Shopping Center from Covington.
On November 15, 2005, Ingles received a real estate tax statement from Northeast Enterprises for the amount of $32,584.85, to cover 2005 county property taxes. On December 20, 2005, Ingles mistakenly sent a check in the amount of $32,584.85 to Covington, its former landlord, rather than Northeast Enterprises. According to Freeman, the check represented Ingles’ payment of its 2005 property taxes for the Shopping Center.4 Covington cashed the check, and Ingles had to issue another check in the amount of $32,584.85 to Northeast Enterprises to satisfy its property tax obligation. On February 3, 2006, Ingles notified Covington of its mistake and demanded return of the funds. On February 13, 2006, Covington notified Ingles that it would retain the funds as partial payment of the unpaid security costs at issue in the DeKalb litigation.
