In January 2007, shortly after the closing of the fourth transaction in a series of land purchases dating from 2002 and worth more than $40 million, the seller’s executor notified the buyer that she considered the 2002 agreements “null and void,” but offered to buy back the property already purchased. The buyer —Simprop Acquisition Company and its owner, Stanley Thomas collectively, “Simprop” —rejected these new terms and sued for specific performance of the remainder of the agreements. The sellers —the L. Simpson Charitable Remainder Unitrust, M. Louise Simpson LLC, and Martha Almond, Louise Simpson’s executor collectively, “the Simpsons” —moved for summary judgment, and Simprop moved to recuse the presiding judge on the ground that he had previously sold property to Almond. The trial court granted the Simpsons’ motion for summary judgment, and a second judge denied Simprop’s motion to recuse. On appeal, Simprop argues that the trial court erred when it granted the Simpsons summary judgment on its specific performance claim and that its motion to recuse should have been granted. We reverse the trial court’s grant of summary judgment and affirm its denial of the motion to recuse. 1. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.
So viewed, the record shows that in November 2002, Simprop entered into agreements with the Simpson Unitrust and the Simpson LLC granting Simprop options to buy land in Butts, Fulton, Spalding and Gwinnett Counties over a period of four years. In the agreements, Simprop agreed “to purchase . . . such Parcels of the Property as designated by Simprop in accordance herewith,” referring to an exhibit listing eight parcels of property, one of which was described as the “sewer plant.” The exhibit also noted that the sewer plant parcel was actually the property of the LLC. The agreement also specified that Simprop’s right to purchase would terminate if Simprop failed to purchase property worth at least $4.5 million within 90 days; to purchase the sewer plant parcel within one year; or to purchase total property worth at least $10 million within 12 months, $20 million within 24 months, $30 million within 36 months, and the balance within 48 months. The agreement was set to expire in any event four years from its effective date.
