Michael Kirby v. Bancorp South

ISHEE, J.,

for the Court:

¶ 1. Michael Kirby and William T. Heimer appeal from a final judgment issued by the Madison County Circuit Court that awarded BancorpSouth Bank $518,643.01 plus interest at the contract rate of five percent per annum. The circuit court found that Kirby and Heimer were liable for this amount following a foreclosure action pursuant to the terms of a guaranty Kirby and Heimer each executed. In addition, Kirby and Heimer are appealing two circuit court orders: (1) the order that was entered on August 7, 2014, denying Kirby and Heimer’s motion to strike the affidavit of a…