Fernandez v. Bank of Dahlonega

Birdsong, Presiding Judge.

Eusebio J. Fernandez, as trustee and in his individual capacity as participant under the Ellijay Medical Center, P.C. Money Purchase Pension Plan and Ellijay Medical Center, P.C. Profit Sharing Plan (the plans), appealed to the Supreme Court of Georgia from the superior court’s order, which granted the motion for summary judgment of the Bank of Dahlonega (Dahlonega bank) and denied Fernandez’s motion for summary judgment. The Supreme Court transferred the case to this court.

In 1990 and 1991, Dr. E. J. Fernandez, as trustee for the plans, purchased two certificates of…