Allen v. Abko Properties, Inc.

Shulman, Chief Judge.

Appellants, James H. and Linda W. Allen (the Allens) and Theodore W. and Drama G. Russell (the Russells), executed a promissory note in the amount of $120,000 in favor of appellee, which note was secured by a deed to secure debt. Appellee brought suit, *777seeking the unpaid portion of the note, interest, and attorney fees when appellants defaulted on the note. This appeal follows the grant of summary judgment to appellee.

Decided May 31, 1983. Robert J. Morrison, for appellants. Randolph A. Rogers, Robert S. Jones, for appellee.

1. Appellee seeks dismissal of the appeal on the…