Greenstein v. Bank of Ozarks

I concur fully with all that is said in Case No. A13A1791.

I dissent in Case No. A13A1790 because I disagree with the majority’s conclusion in Division 2.1 believe that the Bank presented sufficient evidence to establish that it is entitled to enforce the notes and guaranties.

As an initial matter, based on the documents and on Felker’s affidavit, the Bank has established that it is the real party in interest as a transferee of the notes and guaranties.1

Moreover, the Greenstein Defendants failed to establish a genuine issue of material fact as to the Bank’s right to enforce the notes and…