Rome Bank & Trust Co. v. Kerce

Marshall, Judge.

Appellant Rome Bank & Trust Company (hereinafter, Rome Bank) brings this appeal in case no. 52852 from the denial of its motion to dismiss the complaint of Kerce. Inasmuch as the trial court heard evidence on the motion, the motion to dismiss has been treated by the parties and the trial court as a summary judgment. Rome Bank obtained a certificate of immediate review from the trial court and this court granted Rome Bank’s motion for an interlocutory appeal.

In his complaint, as amended, Kerce sought an injunction, the cancellation of a note of indebtedness, damages, and…