Bellamy v. Sunflower Properties, Inc.
Bellamy v. Sunflower Properties, Inc.
Opinion of the Court
In 1991, appellants-plaintiffs Kenneth Bellamy and Ivory Bellamy conveyed title to certain unimproved land in Fayette County to appellee-defendant Sunflower Properties, Inc. (“Sunflower”). Sunflower, in turn, used the land as collateral for a construction loan from Southern Federal Savings Association of Georgia to build a home for the Bellamys, executing a security deed in favor of Southern. Subsequently, the construction loan was defaulted upon, and
The Bellamys brought the instant action (Civil Action File No. 98V-0285(M)) against Sunflower seeking damages for breach of the general warranty of title contained in the deed given in satisfaction of the foregoing judgment for Sunflower’s transfer of title to the property subject to Southern’s lien. Sunflower’s answer and counterclaim included affirmative defenses of res judicata and collateral estoppel and a counterclaim for reformation of the deed. The instant appeal
1. The Bellamys contend that the superior court erred in finding that Bellamy I was res judicata as to their liability to pay Southern’s
2. The superior court did not err in ruling that the judgment on the verdict in Bellamy I ordered specific performance of the contract to convey title rather than the conveyance of clear title to the property. The record reflects that the trial court therein merely conformed the jury’s verdict to the Bellamys’ pleadings and the evident intent of the jury. In this regard,
[a] trial court has authority to amend a verdict in matters of form, or to put it in such shape as to speak the true intent of the jury in accordance with the pleadings and the evidence; but it does not have authority to write a new verdict different from the one returned by the jury. Davis v. Wright, 194 Ga. 1 (4) (21 SE2d 88) (1942).
Purcell v. C. Goldstein & Sons, Inc., 264 Ga. 443, 444 (2) (448 SE2d 174). Apart from the Bellamys’ pleadings in Bellamy I, it is apparent on the face of the jury’s verdict that it intended the terms of the construction contract to be adhered to since it found both parties were in breach of the construction contract and tailored its awards to the parties accordingly. Moreover, the Bellamys, having sought specific per
3. Neither did the superior court err in ruling the Bellamys were responsible to pay the construction loan Southern provided Sunflower. We have held that the trial court in Bellamy I properly conformed the jury’s verdict to the pleadings and the evident intent of the jury. The construction contract entered into by the parties expressly obligated the Bellamys to pay the Southern loan, and, as we have noted, the Bellamys concede as much by their brief on appeal. This claim of error is without merit.
4. Finally, the Bellamys contend that the superior court erred in granting summary judgment to Sunflower relying upon the validity of their claims of error, as above. Our review of the record indicates that the Bellamys offered no evidence in opposition to Sunflower’s motion for summary judgment. There is no evidence shewing discharge of the price of the house as called for in the construction contract. Neither is there a dispute that the Bellamys were required to pay the purchase price of the house as a condition to receiving title to the property. In this regard, Kenneth Bellamy testified by affidavit that “[Sunflower] was to build a house and deed the property back to [him] upon payment of the purchase price.”
Accordingly, in light of our disposition of Divisions 1, 2 and 3 and construing the evidence most favorably to the Bellamys de novo, we conclude that this claim of error is likewise without merit. OCGA § 9-11-56 (e); Adams v. Sears, Roebuck & Co., 227 Ga. App. 695, 696-697 (1) (490 SE2d 150).
Judgment affirmed.
RTC later obtained title to the property under power of sale and evicted the Bellamys from the property by dispossessory action affirmed on appeal to the Supreme Court of Georgia. See Bellamy v. Resolution Trust Corp., 266 Ga. 630 (469 SE2d 182).
We initially transferred this case to the Supreme Court of Georgia construing it to be an equity case presenting the question of the propriety of equitable relief in the form of reformation of the deed in issue. See McGhee v. Johnson, 268 Ga. 731, 732 (492 SE2d 893); Electronic Data Systems Corp. v. Heinemann, 268 Ga. 755, 756 (1) (493 SE2d 132); Saxton v. Coastal Dialysis &c., 267 Ga. 177, 178 (476 SE2d 587). See also Curry v. Curry, 267 Ga. 66, 67 (473 SE2d 760); Layfield v. Sanford, 247 Ga. 92, 93 (274 SE2d 450). Subsequently, however, the Supreme Court returned the appeal to this Court, concluding that the appeal involves questions of contract construction and the doctrine of res judicata rather than equity or title to land.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.