The Cline Drive Land Trust v. Wells Fargo Bank NA

The Court affirmed the denial of defendant's motion for judgment on the pleadings in bank's suit seeking, on the grounds of mutual mistake, to reform the legal description of a security deed to include certain real property defendant owned, because the pleadings did not show that defendant was entitled to prevail as a matter of law.

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Wells Fargo Bank, N. A. sued The Cline Drive Land Trust seeking, on the grounds of mutual mistake, to reform the legal description of a security deed to include certain Bartow County real property owned by the Trust. The Trust moved for judgment on the pleadings, contending that Wells Fargo’s action was barred by the statute of limitation. The trial court rejected the Trust’s statute of limitations defense, finding that the statute of limitation did not begin to run against Wells Fargo until it had acquired an interest in the document in 2011. After the trial court denied the Trust’s motion, this Court granted its application for leave to appeal the interlocutory order. For the reasons set forth below, we find that the trial court erred in concluding that Wells Fargo’s claim could have accrued no earlier than the date of the assignment of the security deed to Wells Fargo by the original grantee. However, we affirm the trial court’s judgment under the right-for-any-reason rule because the pleadings do not show that the Trust is entitled to prevail as a matter of law.

The issue in a motion for judgment on the pleadings is whether the undisputed facts appearing from the pleadings show the movant is entitled to judgment as a matter of law. Citation and punctuation omitted. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 892 1 397 SE2d 143 1990. For the purposes of a motion for judgment on the pleadings, 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. Citation and punctuation omitted. Trop, Inc. v. City of Brookhaven, 296 Ga. 85, 86-87 1 2014 764 SE2d 398 2014. On appeal, this Court reviews the trial court’s decision de novo. Consolidated Pipe Supply Co. v. Genoa Constr. Svcs., 279 Ga. App. 894, 895 633 SE2d 59 2006.

The Cline Drive Land Trust v. Wells Fargo Bank NA

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