Martin v. Hamilton State Bank

Phipps, Chief Judge.

In Martin v. Hamilton State Bank,1 (hereinafter “Martin I”) the first appearance of this dispute before this court, we affirmed the trial court’s grant of summary judgment to Bartow County Bank wherein the evidence showed that Larry Martin had failed to make payments required under the terms of several promissory notes and that Bartow County Bank had declared a default for nonpayment and accelerated the debt due under the notes.2 In reaching our decision we noted that, “After the notice of appeal was filed below, the assets of Bartow County Bank apparently were assigned to…