GAUSE Et Al. v. FIDELITY BANK

Miller, Judge.

This case arises from William L. Gause and Gause Construction Company, Inc.’s (collectively “Defendants”) default on a promissory note and unconditional guaranty. Fidelity Bank, the holder of the note and guaranty, sued the Defendants for breach of the note and guaranty. Defendants counterclaimed for, inter alia, set-off and recoupment. The trial court subsequently granted summary judgment to Fidelity, and the Defendants appeal, contending that (1) the trial court erred in granting summary judgment to Fidelity on the guaranty and note, (2) the trial court erred in granting…