Frank Maddox Realty & Mortgage, Inc. v. First National Bank

Sognier, Judge.

First National Bank of Atlanta brought suit against Frank Mad*115dox Realty & Mortgage, Inc. and Frank Maddox to recover on a promissory note. The trial court granted the bank’s motion for summary judgment and this appeal ensued.

1. Appellants contend the trial court erred by granting appellee’s motion for summary judgment and denying their motion to dismiss made on the basis that appellee’s suit was barred by the statute of limitation. Although the running of the statute of limitation is an affirmative defense, OCGA § 9-11-8 (c), we find no merit in appellee’s argument in this…