Angel Business Catalysts, LLC v. Bank of the Ozarks

Miller, Judge.

Bank of the Ozarks (the “Bank”), as successor to the original lender, pursued an action to recover the outstanding balance on a *254promissory note guaranteed by Charles Merrill III, Lee D. Gaskins III, and Eric Fitchner (the “Guarantors”).1 The Bank moved for summary judgment, which the trial court granted. On appeal, the Guarantors contend that the trial court erred in granting the Bank’s motion for summary judgment because the Bank failed to show that a supporting affidavit and the attached documents were admissible as business records, and that the attached documents did not…