Sorrells v. Giberson

ON MOTION FOR REHEARING

JONES, Justice.

The opinion issued by this Court on October 25, 1989, is withdrawn, and the following is substituted therefor.

Dan Sorrells, maker of a promissory note, appeals from a summary judgment granted in favor of Robert Giberson, Trustee, appellee, payee of the note. Sorrells argues that Giberson failed to establish his cause of action as a matter of law because he failed to attach a copy of the note to the affidavit filed in support of the motion for summary judgment. We agree, and will reverse the summary judgment and remand the cause.

Giberson filed suit against…