Scholes v. Great Southern Bank

Patrick Scholes and Jeanne Scholes (collectively, “Plaintiffs”) filed suit against Great Southern Bank (“Defendant”) for fraudulent misrepresentation (“Count 1”) and negligence (“Count 2”) related to Defendant’s foreclosure on Plaintiffs’ the-atre1 and care of certain property upon *521taking possession. The trial court entered summary judgment in Defendant’s favor as to Count 1 in 2013 and Count 2 in 2016. Plaintiffs raise two points on appeal: (1) “[t]he trial court erred in entering partial summary judgment” in Defendant’s favor on Count 1 by not complying with Rule 74.04(d); and (2) “[t]he…