Jones v. Central Bank of the South

TORBERT, Chief Justice.

This case arises as the result of the amendment of a summary judgment in favor of Central Bank of the South (“Bank”) and against Jane P. Jones, principal, and J.A. Moseley, surety. The amendment was made more than 30 days after the judgment was granted. In addition, the summary judgment originally allowed recovery on the breach of contract count in the complaint, while the amendment allowed execution on a bond entered into by Jones and Moseley as principal and surety.

The first count in the Bank’s complaint of November 2, 1982, was for breach of contract for failure to…