Steel Magnolias Realty LLC v. Bleakley

A bona fide controversy existed as to whether the defendant was stubbornly litigious in refusing to pay a commission on the sale of his home after he terminated the parties' listing agreement.

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Steel Magnolias Realty sued Timothy Bleakley seeking liquidated damages for breach of contract and seeking attorney fees pursuant to OCGA § 13-6-11. The trial court granted Steel Magnolias’s motion for summary judgment as to its breach of contract claim but denied that Steel Magnolias was entitled to attorney fees as a matter of law. Steel Magnolias appeals this denial. For the reasons set forth below, we affirm and remand. 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. A de novo standard of review applies to an appeal from either a grant or a denial 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. CSX Transp. v. Deen .1

So construed, the evidence shows that on March 9, 2003, Steel Magnolias entered into an Exclusive Seller Listing Agreement “Agreement” with Bleakley for the sale of his home. The Agreement was for a six-month term and stated that upon the sale of his home, Bleakley would pay Steel Magnolias a commission of six percent of the purchase price of the home due no later than at closing. The Agreement also provided, “in the event that Seller sells or contracts to sell the Property to any buyer introduced to the Property by Broker within ninety 90 days after the expiration of the Listing Period, then Seller shall pay the commission referenced above to Broker at the closing of the sale or exchange of the Property.”

Steel Magnolias Realty LLC v. Bleakley

A bona fide controversy existed as to whether the defendant was stubbornly litigious in refusing to pay a commission on the sale of his home after he terminated the parties' listing agreement.

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