Louis Levenson, as the administrator of the estate of Jerry Eugene Post, brought a complaint for damages seeking to recover $125,000 from the law firm of Word & Simmons, P.C., and from its principals Gerald Word and Maryellen Simmons, under a theory of conversion.1 Levenson averred that the firm was not entitled to legal fees paid to it from the estate by Post’s wife, Debra, who later pleaded guilty to murdering her husband, under the theory that a “thief” and a “slayer” cannot pass title to property, including money, and that Word and Simmons either knew or should have known that Debra lacked title when they accepted a retainer from her. The State Court of Carroll County granted the firm’s motion for summary judgment, finding that Word & Simmons earned its fees and accepted payment for its services in good faith. It is from this order that Levenson appeals. Finding no error, we affirm. 1. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp. , 235 Ga. App. 250 510 SE2d 541 1998. “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.
So viewed, the record reveals the following relevant facts. Jerry Eugene Post was murdered on October 25, 2001. On January 25, 2002, the probate court issued letters testamentary appointing Debra Post executrix of her husband’s estate. The grand jury indicted Debra for murdering her husband on September 27, 2002. Shortly thereafter, Debra hired the law firm of Rader & Cooke, P.C., to represent her. After the State announced it would seek the death penalty, Rader & Cooke associated Word & Simmons because Gerald Word and Maryellen Simmons were “death penalty qualified.”
