Appellee-plaintiff Willie Moore “Moore” brought a complaint in trover against appellant-defendant Mimick Motor Company “Mimick”, a Nebraska car dealership, alleging that Mimick had wrongfully repossessed a 1996 Taurus he purchased from Savannah Auto Brokers, Inc. “Savannah Auto” d/b/a Payless Rent-a-Car “Payless”. Moore sought actual and punitive damages, or, in lieu of punitive damages, the return of the vehicle with judgment for hire or profits.1 By amendment to his complaint, Moore added a claim under the Fair Business Practices Act. Mimick later moved to join Savannah Auto and its sole owner, Kay Williams, to the litigation as needed for a just adjudication under OCGA § 9-11-19 and filed a motion to dismiss for the superior court’s failure to join the assignee finance company as an indispensable party. Additionally, the parties filed cross-motions for summary judgment. Mimick sought summary judgment upon the claim that no ownership interest could pass to Moore under OCGA § 40-30-32 d,2 no certificate of title having been given him as a non-party to the lease by which Savannah Auto acquired the vehicle from Mimick, or, in the alternative, partial summary judgment on Moore’s claim for punitive damages and otherwise limiting Moore’s recovery to his actual damages proved at trial, i.e. the payments he made on the Taurus, alone. Moore sought summary judgment claiming that, as a bona fide purchaser for value under OCGA § 11-2-403 2,3 he acquired the paramount ownership interest in the vehicle because Mimick had entrusted the Taurus to transferor-seller Savannah Auto. The trial court denied both motions, further issuing a certificate for immediate review as to its denials of Mimick’s claims. We granted Mimick’s application for interlocutory appeal and affirm.
The record shows that Williams, acting for Savannah Auto, entered into a written leasing agreement with Mimick by which she leased twenty-two cars for use in her Payless Rent-A-Car franchise. The agreement provided that “this is a contract of leasing only and title to ‘Vehicle s’ and ownership at all times shall be and remain in Company or title holder for Company.” The agreement also provided that Mimick would own or designate the title owner of each vehicle and that Savannah Auto acknowledged and agreed it was not buying or obtaining any legal title to any vehicle subject to the lease agreement.
