Spivey v. First Commercial Bank

On Rehearing Ex Mero Motu

SHORES, Justice.

This Court’s order of June 24,1994, affirming the judgment, without opinion, and its July 29, 1994, order denying rehearing, are withdrawn.

Curtis T. Spivey III and his wife Sheryl H. Spivey appeal from a judgment based on a jury verdict for First Commercial Bank on the Spiveys’ fraud claim and based on the jury’s determination that the entire balance of the promissory note was subject to a mortgage held by First Commercial. We affirm in part, reverse in part, and remand.

This appeal arises from two cases consolidated for trial. On October 2, 1991, First…