Owen v. Bank of the Ozarks

McFADDEN, Judge.

This appeal is from a grant of summary judgment to a bank on two promissory notes signed by appellant in favor of the bank’s predecessor. Appellant’s defenses are barred by the D’Oench, Duhme doctrine, which generally renders oral agreements between debtors and failed banks unenforceable against banking authorities and their assignees. Consequently there are no genuine issues of material fact, and we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). “A de novo…