Citizens Bank, Douglasville v. Wix

Shulman, Judge.

Plaintiff-bank brought this action to recover upon a promissory note executed by defendant. Plaintiff-appellant subsequently filed a motion for summary judgment, submitting that there were no genuine issues of material fact in regard to the bank’s right of recovery.

The trial court denied plaintiffs motion on the grounds that issues of fact remained on defendant’s defense of fraud. From that denial, plaintiff brings this interlocutory appeal. We reverse.

Since the defendant admitted executing the note in question (and not making any payments on the note), and since the note, on…