Mize v. FIRST CITIZENS BANK & TRUST CO., INC.

BLACKBURN, Presiding Judge.

In this action involving a promissory note, pro se plaintiff Steven Mize sued First Citizens Bank & Trust Company, Inc. (the “Bank”), alleging breach of an oral contract to restructure the note’s payment terms. The Bank filed an answer and counterclaim, denying Mize’s claims and seeking payment on the note. Mize now appeals a grant of summary judgment in favor of the Bank on its counterclaim, arguing that the trial court erred in granting summary judgment after he had voluntarily dismissed his case. For the reasons set forth below, we reverse.

“The standard of review…