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placeCityJohnstonv. Crescent Bank and Trust Co.

The plaintiff did not demonstrate that he was injured in his suit claiming that the bank lost its first priority security interest on certain property on which the plaintiff also maintained a special security interest, because the bank's unrebutted evidence showed that the plaintiff recovered all that was owed to him.

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Clyde L. Johnston sued Crescent Bank and Trust Company, claiming in part that Crescent had lost its first priority security interest on certain property on which he maintained a separate security interest. placeCityJohnstonnow appeals the trial court’s grant of summary judgment in favor of Crescent and its denial of his motion for summary judgment. We find no error, however, and affirm. On appeal from a grant of summary judgment, a de novo standard of review applies, and we must view the evidence in the light most favorable to the non-moving party.1 In addition, we will affirm a grant of summary judgment if it is right for any reason.2

Here, the record shows that on October 22, 2003, Crescent filed and recorded a deed to secure debt on certain property located in Cartersville and owned by Kenneth Ruff. The deed to secure debt described the property as: all that tract or parcel of land lying and being in Land Lot 557 of the 4th district, 3rd Section of Bartow County, Georgia and being more particularly described on the attached Exhibit ‘A’. The property is located . . . at addressStreet101 Woodland DriveCityCartersvillecountry-regionGeorgia30120. However, when Crescent recorded the deed to secure debt, it failed to include the metes and bounds description of the property that was referenced as “Exhibit ‘A’ ” in the property description.

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