Following the dismissal of her case against Speedee Cash of Georgia, Arber Marshall appeals, contending that the trial court erred in holding that a pawn transaction with a term of 30 days did not violate OCGA § 44-12-137 a 7, which prohibits pawnbrokers from providing for a maturity date of less than one month. For the reasons that follow, we affirm.In reviewing the grant of a motion to dismiss, an appellate court must construe the pleadings in the light most favorable to the appellant with all doubts resolved in the appellant’s favor. A motion to dismiss should only be granted if the allegations of the complaint, construed most favorably to the plaintiff, disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts. Stated somewhat differently, a motion to dismiss should not be granted unless the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. Punctuation and footnote omitted. Ewing v. City of Atlanta .1 The undisputed record shows that on January 10, 2007, Marshall entered into a pawn transaction with Speedee Cash, which loaned her $750 in exchange for a $73.90 finance charge and a security interest in Marshall’s car. The term of the loan was 30 days, with a February 9, 2007 maturity date. On March 30, 2007, Marshall filed a complaint against Speedee Cash seeking a declaratory judgment that the pawn transaction violated applicable Code sections and seeking to enjoin Speedee Cash from imposing late payment penalties.2 Speedee Cash successfully moved to dismiss, giving rise to this appeal.
Marshall relies on OCGA § 44-12-137 a 7, which provides that any pawnbroker who shall “make any agreement . . . providing for a maturity date less than one month after the date of the pawn transaction . . . shall be guilty of a misdemeanor.” Emphasis supplied. OCGA § 44-12-130 1 defines the term “month” as “that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.” Therefore, based on a plain reading of OCGA § § 44-12-130 1 and 44-12-137 a 7 alone, for a pawn transaction beginning on January 10, the maturity date must be February 10 31 days later. Therefore, Marshall argues that OCGA § 44-12-137 a 7, when read with OCGA § 44-12-130 1, requires that the maturity date for a pawn transaction must be for a term of 31 days if it began in a month containing 31 days.
