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Vinings Bank v. Brasfield & Gorrie LLC

Because the plaintiff bank was an assignee of the subcontractor borrower, it had no greater right to payment under such subcontracts than the borrower.

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This case arises from a defaulted $1.4 million business loan that Vinings Bank “the Bank” made to Wagener Enterprises, Inc. “WEI”. As partial collateral for the $1.4 million loan, WEI granted the Bank a security interest in all of its accounts and accounts receivable, including WEI’s contract to provide drywall services work for general contractor Brasfield & Gorrie “B&G” on multiple construction projects. After WEI defaulted on the loan, the Bank filed suit against B&G, seeking to collect on WEI’s accounts receivable and alleging conversion. B&G filed a counterclaim for conversion, and the parties subsequently filed cross-motions for summary judgment. The Bank appeals, contending that the trial erred in 1 denying its motion for summary judgment in its action to recover money from B&G, and in granting partial summary judgment to B&G; 2 denying its motion for summary judgment on its conversion claim; and 3 denying its motion for summary judgment on B&G’s counterclaim for conversion. Discerning no error, we affirm.

It is well established that on appeal of a grant of summary judgment, the appellate court must determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the party was entitled to judgment as a matter of law. This requires a de novo review of the evidence. Summary judgment is appropriate when the court, viewing all the facts and evidence and reasonable inferences from those facts in a light most favorable to the non-movant, concludes that the evidence does not create a triable issue as to each essential element of the case.

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