Dudley v. Wachovia Bank NA

As the executors of the estate of Harold A. Dudley, Sr. “Mr. Dudley”, Harold A. Dudley, Jr. and Patricia Ann Dudley Jenkins collectively, “the executors” brought this action seeking damages and equitable relief against Sarah S. Dudley “Mrs. Dudley”, American Family Life Assurance Company, Inc. “AFLAC”, Regions Bank, Inc., Regions Financial Corporation, The Southern Company, and Wachovia Bank, N. A. In two orders, the Superior Court of Gwinnett County granted the motions for summary judgment filed by the corporate defendants.1 The executors appeal, contending that jury issues exist regarding whether the corporate defendants are liable for their roles in the wrongful registration of the transfer of certain stock Mr. Dudley owned which caused the stock not to become part of his estate when he died. For the reasons that follow, we affirm in part and reverse in part. In order to prevail on a motion for summary judgment under OCGA § 9-11-56,the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Moreover, on appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Citations and punctuation omitted. Benton v. Benton , 280 Ga. 468, 470 629 SE2d 204 2006.

Viewed in the light most favorable to the executors, the record shows the following undisputed facts. Mr. Dudley executed his last will in 1998. Among other specific bequests, he left his wife their home, his vehicles, and $50,000. He left the remainder of his estate to the executors, his two adult children from his first marriage. In 2003, Mr. Dudley’s assets included shares of stock in AFLAC, Regions Financial and Southern. On June 3, 2003, Mr. Dudley, who by that time was suffering from dementia, had a stroke.