First National Bank v. Lambert

Plaintiff instituted this action to recover an alleged overdraft balance of the defendant’s sole proprietorship checking account. The court granted plaintiff’s second motion for summary judgment and further denied defendant’s motion to reconsider that ruling. Defendant appeals from the court’s denial of his motion to reconsider. Plaintiff raises two issues on appeal: (1) whether the court can twice entertain a motion for summary judgment; and (2) whether the court properly granted defendant’s motion. We affirm.

On February 25, 1980, plaintiff filed a two-count complaint against defendant.…