Bank South, N. A. v. Grizzle

Birdsong, Presiding Judge.

By grant of interlocutory appeal, Bank South appeals the denial of summary judgment in this suit on defendant Dean Grizzle’s guaranty of a promissory note. The limit on Grizzle’s liability under his guaranty was $50,000 principal, plus interest, reasonable attorney fees and costs of collection, and his guaranty was to remain in effect “indefinitely, unless and until [Grizzle] shall deliver written notice of termination to the bank.”

Grizzle says he wrote a letter terminating his guaranty. After the date on which Grizzle says he sent this letter, Bank South renewed the…