Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Delpiano v. JPMorgan Chase Bank, N. A.

One Defendant's Admissions by Default Were Not Binding on Another Defendant Who Denied Plaintiff's Allegations

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

McFadden, Presiding Judge.    Daniel David Delpiano appeals from the trial court’s order granting judgment on the pleadings to JPMorgan Chase Bank, N. A. (the bank) in the bank’s action to reform a security deed. “A plaintiff is entitled to a judgment on the pleadings under OCGA § 9-11-12 (c) only when there is a complete failure to state a defense to the plaintiff’s claims and, based on the undisputed facts found in the pleadings, the plaintiff is entitled to a judgment as a matter of law.” Georgia Farm Bureau Mut. Ins. Co. v. Croft, 322 Ga. App. 816, 817 (746 SE2d 285) (2013) (citations omitted). In this case, the undisputed facts found in the pleadings do not establish that the bank was entitled to a judgment as a matter of law, because they do not demonstrate all of the essential elements of the bank’s claim. So we reverse. Given this ruling, we do not consider the merits of Daniel Delpiano’s alternative argument regarding his affirmative defense.On appeal,we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the pleadings in a light most favorable to the appellant, drawing all reasonable inferences in [his] favor. All well-pleaded material allegations of the opposing party’s pleading are to be taken as true, and all allegations of the moving party which have been denied are taken as false.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Marketing Assistant

COLE SCHOTZ P.C.MARKETING ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks a mar...


Apply Now ›
TRUSTS & ESTATES ADMINISTRATION PARALEGAL

COLE SCHOTZ P.C.Prominent NJ based law firm with multiple regional offices seeks a Trust and Estate Administration Paralegal with 5 plus yea...


Apply Now ›
Legal Practice Assistant

COLE SCHOTZ P.C.LEGAL PRACTICE ASSISTANT- NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks ...


Apply Now ›
Go to Lawjobs