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Delpiano v. JPMorgan Chase Bank, N. A.

One Defendant's Admissions by Default Were Not Binding on Another Defendant Who Denied Plaintiff's Allegations

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McFadden, Presiding Judge.    Daniel David Delpiano appeals from the trial court’s order granting judgment on the pleadings to JPMorgan Chase Bank, N. A. (the bank) in the bank’s action to reform a security deed. “A plaintiff is entitled to a judgment on the pleadings under OCGA § 9-11-12 (c) only when there is a complete failure to state a defense to the plaintiff’s claims and, based on the undisputed facts found in the pleadings, the plaintiff is entitled to a judgment as a matter of law.” Georgia Farm Bureau Mut. Ins. Co. v. Croft, 322 Ga. App. 816, 817 (746 SE2d 285) (2013) (citations omitted). In this case, the undisputed facts found in the pleadings do not establish that the bank was entitled to a judgment as a matter of law, because they do not demonstrate all of the essential elements of the bank’s claim. So we reverse. Given this ruling, we do not consider the merits of Daniel Delpiano’s alternative argument regarding his affirmative defense.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 [his] favor. 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.

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