At issue in this appeal is whether Jerry Steele and River Chase Development Company, Inc. collectively, “Steele” or William A. Pack and Louise M. Pack are entitled to certain funds paid by Steele to Keller Williams Realty Grand South under the terms of a real estate sale agreement between Steele and the Packs. Keller Williams filed a Complaint in Interpleader in superior court naming the Packs and Steele as defendants and asked that they be required to settle between themselves their respective rights to the funds. The Packs and Steele filed cross motions for summary judgment. The trial court granted summary judgment to the Packs and ordered that the funds be paid to the Packs, minus attorney fees to be paid to Keller Williams. Steele appeals, and we affirm for the reasons set forth below. Summary judgment is appropriate when the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. On appeal from the grant or denial of summary judgment, we conduct a de novo review, construing the evidence and all reasonable inferences most favorably to the nonmoving party. Citation omitted. Miller v. Coleman , 284 Ga. App. 300 643 SE2d 797 2007. So viewed, the evidence shows that Steele, as buyer, and the Packs, as seller, entered into a Lot/Land Purchase and Sale Agreement, effective September 13, 2005, with respect to certain DeKalb County real estate the “Property”. The closing date was originally scheduled for December 30, 2005. However, the sale agreement was “extended” to March 31, 2006, then June 30, 2006, then August 31, 2006, by a series of amendments. The sale of the Property never occurred.
In the first amendment, dated December 13, 2005, Steele agreed to pay the Packs, commencing in April 2006, “$3500 a month carrying charges if the property is not closed by March 31, 2006.” The second amendment, dated March 1, 2006, provided that the monthly payments, payable as provided in the first amendment, were to be deposited with Keller Williams. The second amendment further specified that the monthly payments, referred to as “interest payments,” were to be credited to Steele at closing. However, “all interest payments will be refunded to Steele if rezoning is denied conditioned upon Steele turning over to the Packs the plats, subdivision design, engineering plats of survey and the paperwork for rezoning submittal.” The third amendment did not address the monthly payments, while the fourth amendment, dated July 28, 2006, provided that “all parties agree to drop the $3,500 earnest money payment for the month of July.”
