First Tennessee Bank, N.A. v. Mungan

OPINION

FRANKS, Judge.

Summary judgment was entered for the bank based on overdrafts in defendants’ checking account.

Defendant Nancy Edmonds has appealed, insisting there are disputed issues of material fact and summary judgment was inappropriate. We agree, vacate the trial court’s judgment and remand for further proceedings.

The record, in addition to pleadings, for purposes of summary judgment included a signature card signed by both defendants, a deposit agreement, the checks deposited in the defendants’ checking account and later dishonored and the affidavit of a bank employee which stated…