Gibson v. Gainesville Bank & Trust

McMurray, Presiding Judge.

James L. Gibson filed this áppeal after the trial court granted summary judgment in favor of Gainesville Bank & Trust (“the Bank”) based upon undisputed proof that Gibson executed a $237,000 “renewal” note in favor of the Bank but did not pay this debt when it came due. We affirm because Gibson’s proof that the Bank offered to compromise the loan before “accelerating its note” does not raise genuine issues of material fact as to whether there was a mutual departure from the “renewal” note so as to constitute a quasi-new agreement between the parties.

*680On November 10,…