First Alabama Bank v. McGowan

On December 2, 1994, First Alabama Bank filed an action against Steve McGowan, alleging that he had failed to pay amounts owed on a "note modification agreement." McGowan answered, admitting that he had signed the agreement but denying that he owed the amount claimed by First Alabama. First Alabama moved for a summary judgment. The trial court scheduled a hearing for March 1995 on First Alabama's motion for a summary judgment; that hearing was later continued until a date in April 1995.

The record on appeal does not indicate whether the hearing actually took place. According to the record, the…