Branch Banking & Trust Co. v. Morrisroe

Miller, Judge.

Branch Banking & Trust Company (BB&T) sued Neil S. Morris-roe and his law firm, McLain and Merritt, P.C. (M&M), alleging that Morrisroe breached his duty as a notary public by falsely attesting that guaranty agreements supporting a BB&T loan were signed in his presence.1 The parties filed cross-motions for summary judgment. The trial court granted summary judgment to Morrisroe and M&M and denied BB&T’s motion, concluding that the Notary Public statute, OCGA § 45-17-8, did not provide BB&T a civil cause of action. BB&T appeals that ruling. For the reasons set forth below, we…