First Nat. Bank of Mobile v. Horner

First National Bank of Mobile obtained permission from this Court, pursuant to provisions of Rule 5, Ala.R.App.P., to appeal from an interlocutory order denying First National's motion for summary judgment against Avis C. Horner.

This case has been before this Court once before. Horner v.First National Bank of Mobile, 473 So.2d 1025 (Ala. 1985).

The controversy began when First National tried to enforce a guaranty agreement executed in favor of First National by John and Avis Horner. Avis Horner filed a counterclaim alleging that First National had falsely and fraudulently represented to her…