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McConnell Homes Inc. v. Feria

The uncontroverted evidence showed that the defendant breached the parties' real estate sales contract by refusing to return the earnest money deposit after the plaintiff cancelled the contract by timely notice and in accordance with its terms.

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McConnell Homes, Inc. sued Albert Feria for breach of contract for failure to return $16,000 in earnest money paid pursuant to a real estate sales contract. In a two sentence order, the trial court denied McConnell Home’s motion for summary judgment, finding that issues of fact existed. Following the grant of its application for interlocutory appeal, McConnell Homes appeals the denial of its motion for summary judgment. McConnell Homes claims that no material facts were in dispute, and that it was entitled to judgment as a matter of law. We agree and reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. “We review the grant or denial of a motion for summary judgment de novo, construing the evidence and all reasonable inferences therefrom in the light most favorable to the nonmovant.” Citation omitted. Bell v. Sasser, 238 Ga. App. 843, 844 520 SE2d 287 1999.

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