Wachovia Bank of Georgia N.A. v. Mothershed

Beasley, Presiding Judge.

This is an interlocutory review of the denial of Wachovia Bank of Georgia’s motion for summary judgment. It sought a deficiency judgment on three promissory notes made as construction loans to Mothershed. Each was secured by a separate deed to secure debt with power of sale to Wachovia. Mothershed counterclaimed for breach of an oral contract by Wachovia to make future construction loans to him, which he alleged resulted in the failure of his residential construction business. Summary judgment was denied on both the main claim and the counterclaim.

The trial court…