Bickerstaff Real Estate Management LLC v. Hanners

The defendant's fraud claim failed because they could not, as a matter of law, show reliance on the defendants' alleged silence.

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In this action arising from the sale of commercial real estate, plaintiffs Bickerstaff Real Estate Management, LLC and Bickerstaff Imports, Inc. collectively “Bickerstaff” sued defendants Earl Hanners, Jr., Michael Johnson, and Southern Eagle Partners I, LLC collectively “defendants”, alleging breach of contract on the part of Hanners and fraud on the part of all defendants. Defendants successfully moved for summary judgment as to all claims, and Bickerstaff now appeals, arguing that the trial court erred in finding that the doctrine of merger by deed barred its breach of contract claim and that its failure to show justifiable reliance barred its fraud claim. For the reasons set forth below, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c; Britt v. Kelly & Picerne, Inc. 1 “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Donchi, Inc. v. Robdol, LLC. 2

So construed, the evidence shows that in 1996, Johnson’s commercial real estate company, Southern Eagle, sold a 1.59 acre parcel of property in Clayton County to Hanners. Following the sale, Southern Eagle continued managing the property site on behalf of Hanners, who intended to develop and sell it for commercial use. To facilitate development, Southern Eagle had the property graded and leveled by bringing in fill dirt from a nearby construction site. While supervising the leveling of the property, Johnson was also acting as Hanners’s agent in trying to sell it. At some point in time, Johnson contacted Bickerstaff to inquire if it was interested in purchasing the property from Hanners.

Bickerstaff Real Estate Management LLC v. Hanners

The defendant's fraud claim failed because they could not, as a matter of law, show reliance on the defendants' alleged silence.

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