Harper v. Birmingham Trust National Bank

Deen, Presiding Judge.

William C. and Carol J. Harper appeal from an order granting summary judgment in favor of Birmingham Trust National Bank. The bank contends that appellants defaulted in making payments on a note in August 1981, and that after giving appellants notice of default, it filed suit to recover the indebtedness on October 26, 1981. In September of 1982, appellee filed a motion for summary judgment contending appellants were indebted to it in the amount of $11,929.50. (This amount included principal, earned interest, late charges and attorney fees.) William Harper filed an…