Wolf v. Middleton

These appeals arise from a suit that was initiated by a residential real estate broker, Reynolds Plantation Realty, LLC. The broker, the holder of $50,000 in earnest money paid by buyers Douglas and Christine Wolf to sellers Charles and Kelly Middleton pursuant to their real estate sales contract, filed a complaint for interpleader, asking the Superior Court of Greene County to order the parties to the contract to litigate their rights to the earnest money. The broker also sought attorney fees and court costs. The court discharged the broker from any liability for holding the funds, awarded it $5,764.50 in attorney fees and costs to be paid from the earnest money, and ordered the Wolfs and the Middletons to litigate their claim to the earnest money remaining in the court’s registry. The court realigned the Wolfs as plaintiffs and the Middletons as defendants. In their motion for summary judgment, the Middletons argued that they were entitled to the earnest money because the Wolfs failed to meet their obligations under the real estate sales contract and thus, pursuant to the terms of the contract, forfeited the earnest money. The Wolfs also moved for summary judgment arguing that they were entitled to the earnest money because they properly rescinded the contract based upon the Middletons’ fraud. The court entered summary judgment in favor of the Middletons as to their right to the earnest money, cast costs against the Wolfs, and reserved the issues of damages and of attorney fees for future determination. The court later entered an order awarding the Middletons $44,235, the amount of earnest money remaining in the court’s registry, and $1,598 in attorneys fees and costs of litigation. In Case No. A10A1020, the Wolfs appealed from this order, contending the trial court erred in granting judgment in favor of the Middletons, in denying their motion for summary judgment, and in awarding attorney fees to the broker. In case No. A10A1021, the Middletons filed a cross-appeal from the portion of the order awarding attorney’s fees and costs of litigation to them.

A10A1020