Stephens v. First Commercial Bank

45 So.3d 735 (2010)

Charles H. STEPHENS

v.

FIRST COMMERCIAL BANK.

1080648.

Supreme Court of Alabama.

Decided March 12, 2010.

Bruce F. Rogers and John W. Clark IV of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham, for appellant.

Daniel D. Sparks and Courtney L. Saad of Christian & Small, LLP, Birmingham, for appellee.

STUART, Justice.

First Commercial Bank ("FCB") sued Charles H. Stephens in the Jefferson Circuit Court, alleging that Stephens had defaulted on a $648,118 promissory note he had executed in favor of FCB. The trial court entered a summary judgment in favor of FCB awarding it $737,686,…