First South Bank v. Rosenberg

The estate of Philip J. Brust1 appeals the circuit court’s grant of summary judgment in favor of First South Bank (First South) as well as its denial of Brest’s motion to amend his answer and counterclaim. Brust argues the court erred in (1) granting First South’s motion for summary judgment because it ignored questions of fact regarding the scope of authority granted under a specific limited power of attorney (the POA), Brest’s knowledge of a guaranty’s scope, the effect of subsequent loan modifications, and Brest’s proposed counterclaims against First South; and (2) denying Brest’s motion…