River Farm, LLC v. SunTrust Bank

ANDREWS, Presiding Judge.

This appeal concerns The River Farm, LLC’s promissory note for $1,400,000 in favor of First National Bank of the South (FNB), SunTrust Bank’s predecessor-in-interest. The note was secured by a deed for property in Morgan County and by Tom E. Dupree’s guarantee. The trial court granted SunTrust summary judgment on the note. On appeal, as below, The River Farm and Dupree concede that they executed the note and the guarantee respectively. Instead, they argue that their inability to pay any substantial part of the note amounts to “special circumstances” requiring the…