Gray v. Central Bank of Tuscaloosa, N.A.

This is an appeal from a partial summary judgment dismissing a counterclaim, which was certified by the trial court as a final judgment pursuant to Rule 54(b), A.R.Civ.P. The case involves a suit on a promissory note and two separate guaranty agreements. We reverse.

Appellee Central Bank of Tuscaloosa, N.A. (now Central Bank of the South) commenced this action on March 15, 1985, against Fuel Sales, Inc., a domestic corporation; Frank Cicatiello, as its president; and appellant Frank Gray, a one-time stockholder of Fuel Sales, Inc. Central Bank sought recovery against Fuel Sales for default on…