Appellants Duke Galish, LLC and Lanier Lodge, Inc. brought this tort action against appellees John P. Manton, his wife LaRose Manton, and the Bank of North Georgia in which they alleged that the appellees had conspired to inflate their secured claims in a bankruptcy proceeding, thereby thwarting appellants’ contract for the sale of certain motel property. The trial court granted summary judgment to the appellees on the appellants’ claims for tortious interference with contract and fraud. Because the appellants failed as a matter of law to show that the alleged misconduct proximately resulted in their failure to consummate the contract of sale, we affirm.To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56c. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. Emphasis omitted. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. We review de novo a trial court’s grant of summary judgment. Stultz v. Safety and Compliance Mgmt. , 285 Ga. App. 799, 800 648 SE2d 129 2007. “A grant of summary judgment must be affirmed if right for any reason, whether stated or unstated. It is the grant itself that is to be reviewed for error, and not the analysis employed.” Citations omitted. Albany Oil Mill v. Sumter Elec. Membership Corp. , 212 Ga. App. 242, 243 3 441 SE2d 524 1994. Viewed in this light, the record reflects that appellant Lanier Lodge, Inc. was a closely held business that owned and operated a motel in Forsyth County for almost two decades the “Motel Property”. In 1996, in order to refinance the Motel Property, Lanier Lodge obtained a loan from appellee Bank of North Georgia “BNG” in the principal amount of $2,000,000 plus interest. To secure payment of the loan, BNG obtained a first priority security interest in the Motel Property and two other adjacent tracts of land owned by Lanier 400, an entity related to Lanier Lodge.
Originally, Lanier Lodge was co-owned by Gary Anglin and appellee Jack Manton. In 2001, Manton sold all of his shares and interest in Lanier Lodge to Anglin and his family in return for $75,000 in cash and a promissory note in the principal amount of $415,000 plus interest. The promissory note was executed by Lanier Lodge and the Anglins. To secure payment, Manton was granted a second priority security interest in the Motel Property.
