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Stephen A. Wheat Trust, Dated September 14, 2009 v. Sparks

Genuine issues of material fact remained with respect to the plaintiffs' allegations of fraudulent concealment by the defendants when they sold a house to the plaintiffs.

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Stephen A. Wheat and Teresa M. McCrerey-Wheat collectively “the Wheats”, as well as the Stephen A. Wheat Trust, Dated September 14, 2009 and Stephen A. Wheat, as Trustee collectively “the Wheat Trust”, sued Robert Ab Sparks, IV and Louise Lackey Sparks collectively “the Sparks” for fraud arising out of the Sparks’ sale of a house to the Wheats. Following a hearing, the trial court entered judgment in favor of the Sparks, and this appeal followed. The Wheats and the Wheat Trust assert the following enumerations of error: 1 the trial court erred by granting summary judgment, as there was at least one genuine issue of material fact in dispute with regard to each element of their fraud claims; 2 the trial court erroneously held that the Wheat Trust did not have standing; 3 the trial court incorrectly found that Mr. Wheat was not damaged; 4 the trial court wrongly applied the merger doctrine; and 5 the trial court erred by granting summary judgment on their various derivative claims.

“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. A de novo standard of review applies to an appeal from a grant or denial of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Citation omitted. Davis v. VCP South, LLC, 321 Ga. App. 503, 503-504 740 SE2d 410 2013.

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