Appellant Jason Miller and appellee Teresa Coleman executed a contract for the sale of real property. After the parties failed to close the transaction, the listing broker filed a complaint for interpleader in order to determine the proper distribution of the earnest money that it held pursuant to the contract. Miller in turn filed a cross-claim against Coleman for specific performance and breach of contract. Coleman filed a motion for summary judgment, which was granted by the trial court. Miller appeals contending the trial court erred in determining that Coleman was entitled to a distribution of the earnest money. For the reasons that follow, we reverse the trial court’s judgment. Summary judgment is appropriate when the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. On appeal from the grant or denial of summary judgment, we conduct a de novo review, construing the evidence and all reasonable inferences most favorably to the nonmoving party. Citation omitted. Daniel Mill, LLC v. Lyons , __Ga. App.__, 1 Case No. A06A2214, decided Feb. 16, 2007. So viewed, the record reflects that in July 2004, Miller entered into a written contract to purchase real property from Coleman. Miller tendered $10,000 in earnest money pursuant to the contract. The contract provided for a closing date of September 1, 2004.
On the scheduled closing date, Coleman and her real estate agent appeared at the office of the closing attorney and were informed that Miller had been unable to secure financing for the transaction, but that the lender was still working on the loan. According to Miller’s attorney, Coleman agreed that the closing would be rescheduled once the lender gave a “clear to close.” The parties and their agents were subsequently notified that Miller’s financing had been obtained and the closing was rescheduled for October 14, 2004.
