Nash v. United Bank-Thomaston

The trial court did not err in granting a bank's interpleader petition as the express terms of the deposit agreement and Georgia law authorized the bank to file the petition after a dispute arose between two account signatories over who was authorized to access the funds in the account.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

When a dispute arose between Richard Nash and James Edwards, Jr. over who was authorized to access funds in an account held in the name of Christ Temple Ministries, United Bank-Thomaston “United Bank” filed an interpleader action in the Superior Court of Upson County. Nash and Christ Temple Ministries filed an answer to the petition contending that interpleader was not the appropriate method for resolving the dispute, and Christ Temple Ministries asserted a counterclaim against United Bank for conversion of the funds. On the parties’ cross-motions for summary judgment, the trial court found that interpleader was appropriate and awarded attorney fees to United Bank pursuant to OCGA § 23-3-90 a b.

On appeal,1 Nash and Christ Temple Ministries contend that the trial court erred in granting United Bank’s petition for interpleader. Specifically, they argue that the requirements for interpleader were not met, and thus the award of attorney fees was unauthorized; that the trial court substituted its judgment for that of the church congregation in a church dispute; and that the existence of genuine issues of material fact regarding the claim for conversion precludes interpleader. For the following reasons, we affirm.

Nash v. United Bank-Thomaston

The trial court did not err in granting a bank's interpleader petition as the express terms of the deposit agreement and Georgia law authorized the bank to file the petition after a dispute arose between two account signatories over who was authorized to access the funds in the account.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report