Loftin v. Carrollton State Bank

McMurray, Judge.

This is a suit on a note by Carrollton State Bank against defendant Loftin, maker of the note, and defendant Gilbert, who executed the note as alleged surety. On September 14, 1976, defendant Gilbert was dismissed from the action. On September 9, 1977, on motion of plaintiff, the court directed that its order of September 14, 1976, be corrected so as to show that the dismissal of defendant Gilbert was based on lack of jurisdiction and improper venue and was, therefore, not a dismissal with prejudice. The defendants appeal from the order of September 9, 1977, correcting the…