Chowhan v. Miller

BLACKBURN, Presiding Judge.

In this suit for specific performance of a real estate contract, Ayesha Chowhan appeals from the trial court’s grant of summary judgment to Phillip and Laura Miller, arguing that issues of fact remain as to whether the Millers’ conduct waived the necessity of a timely tender of an earnest payment. For the reasons set forth below, we affirm.

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); Britt v. Kelly & Picerne, Inc. “A de novo standard of review applies to an…