Corporate homebuilders Ray M. Wright d/b/a Ray Wright Homes, Inc., Ravin Homes, Inc., and Chris Dixon & Associates, Inc. collectively, the “Builders” and Dan V. Stinchcomb “Stinchcomb”, a real estate developer, entered into a contract under which Stinchcomb agreed to sell the Builders 116 lots in a Fayette County subdivision. the “sale contract” As consideration, the Builders paid Stinchcomb $10,000 in earnest money. In January 2000, the Builders purchased 71 of the lots. The terms obligating the Builders to purchase the remaining 45 lots the “remaining lots” has been the subject of litigation since that time, on one prior occasion reaching this Court. See Ray M. Wright, Inc. v. Stinchcomb , 259 Ga. App. 212 576 SE2d 566 2002 “Wright I” . There we reversed the trial court’s grant of summary judgment for Stinchcomb, finding jury questions remaining as to Stinchcomb’s alleged breach of the sale contract. Id. at 214-215. The Builders voluntarily dismissed the case upon its remittitur to the trial court, later refiling it as the underlying complaint. The Builders realleged counts for specific performance of the sale contract or, in the alternative, breach of the agreement, conversion, attorney fees, and punitive damages. They also alleged a new count for fraudulent conveyance and added as a party Victor Holdings, LLC “Victor Holdings”, an entity organized by Stinchcomb and to which he conveyed the remaining lots by quitclaim deed. Stinchcomb timely answered and counterclaimed for breach of contract and attorney fees. On cross-motions for summary judgment, the trial court denied Stinchcomb summary judgment on the Builders’ claims and granted summary judgment to the Builders on Stinchcomb’s counterclaims.
Following a trial, the jury returned its verdict finding that Stinchcomb breached the sale contract; fraudulently conveyed the remaining lots to Victor Holdings; and converted the Builders’ earnest money. By its award, the jury required Stinchcomb to sell the Property to the Builders under the terms of the sale contract, and awarded the Builders $100,000 as attorney fees and $5 as punitive damages. The trial court thereafter entered judgment on the verdict, ordering specific performance of the sale contract and nullifying Stinchomb’s quit claim deed to Victor Holdings.
