Henderson v. Hanson

ON REHEARING

This court's original opinion dated March 24, 1982 is withdrawn and the following is substituted therefor:

The plaintiff, Larry Hanson, as assignee of the First National Bank of Alexander City (Bank), sued the defendant, Hubert Henderson, on a promissory note.

The trial court entered a partial summary judgment in favor of the plaintiff, stating in pertinent part:

[T]he Plaintiff is entitled to recover a deficiency judgment against the Defendant. The amount of such judgment cannot be determined at this time, and will be determined in later proceedings in this case."

Thereafter, the…