Appellants Melvene and Willie Dennis brought this tort suit against appellee First National Bank of the South in which they alleged that First National committed fraud and conversion by breaching a promise to cancel a debt. The trial court granted summary judgment to First National on both claims, resulting in this appeal. For the reasons discussed below, we affirm the grant of summary judgment with respect to appellants’ fraud claim, but reverse with respect to their conversion claim.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 § 9-11-56 c. 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. Our review of a trial court’s grant of summary judgment is de novo. Duke Galish, LLC v. Manton , 291 Ga. App. 827, 828 662 SE2d 880 2008. We will affirm the grant of summary judgment if right for any reason, see id., but this rule is subject to the important caveat that an “appellate court generally will not affirm the grant of summary judgment on a ground not raised below.” Young v. Oak Leaf Builders , 277 Ga. App. 274, 278 2, n. 11 626 SE2d 240 2006. Viewed in this manner, the record shows that appellants’ principal residence was located on real estate they owned in Baldwin County the “Property”. On April 26, 1993, First National agreed to loan appellants approximately $35,000, memorialized in a promissory note and deed to secure debt granting First National a second position security interest in the Property.1 The deed to secure debt contained a provision stating that the deed would secure any and all renewals of the note as well as any other indebtedness incurred by appellants.
The promissory note executed by appellants in favor of First National was renewed on July 27, 1999. At the time of the renewal, the loan balance had increased to the principal amount of $38,205.79 and was payable in 35 consecutive monthly installments. The loan balance, including the principal plus 10.5 percent annual interest, was to be paid in full on or before June 20, 2002. The renewed note stated that it was secured by the previously executed deed to secure debt on the Property. The note also contained an acceleration clause providing that upon default, First National was entitled to “demand immediate payment of all amounts owed under the note principal, accrued unpaid interest and other accrued charges.”
