Diner One, Inc. v. Bank South, N. A.

Ruffin, Judge.

Bank South, N. A. sued Diner One, Inc., Kathleen Hall, Michael C. Hall, and Henry Hart for unpaid rent and the removal of fixtures based on a commercial lease agreement the defendants originally entered into with Mike Casteel. Diner One actually leased the property, and Kathleen Hall, Michael C. Hall, and Henry Hart (“guarantors”) individually guaranteed payment under the lease. Bank South acquired the property when Casteel defaulted on the terms of a security deed and the bank purchased the property at a foreclosure sale. After the foreclosure sale, Diner One took the position…