First Chatham Bank v. Liberty Capital LLC

A genuine issue of material fact remained as to whether the loan purchase agreement at issue, which related to the development of certain residential lots located on Hampton Island in Liberty County, contained a typographical error in the list of residential lots covered by the agreement.

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In this case involving a dispute over a loan purchase agreement related to the development of certain residential lots, the trial court denied summary judgment to First Chatham Bank the “Bank” on its claim for specific performance against Liberty Capital, LLC. A central issue in the case is whether the loan purchase agreement contained a typographical error in the list of residential lot numbers covered by the agreement, entitling the Bank to equitable reformation of the agreement on the ground of mutual mistake of the parties. In moving for summary judgment, the Bank argued that the uncontroverted evidence showed that the agreement contained a typographical error resulting from a mutual mistake of the parties, but the trial court disagreed, concluding that a genuine issue of material fact existed over the contractual terms. We agree with the trial court and therefore affirm the denial of summary judgment to the Bank.

Summary judgment is appropriate only if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 c. On appeal from a trial court’s denial of summary judgment, we “conduct a de novo review, construing all reasonable inferences in the light most favorable to the nonmoving party.” Bank of North Ga. v. Windermere Dev., 316 Ga. App. 33, 34 728 SE2d 714 2012. “Moreover, we will affirm a trial court’s denial of a motion for summary judgment if it is right for any reason.” Lowry v. Cochran, 305 Ga. App. 240, 241 699 SE2d 325 2010. Guided by these principles, we turn to the record here.

First Chatham Bank v. Liberty Capital LLC

A genuine issue of material fact remained as to whether the loan purchase agreement at issue, which related to the development of certain residential lots located on Hampton Island in Liberty County, contained a typographical error in the list of residential lots covered by the agreement.

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