Whitney National Bank v. Clark

BARRY, Judge.

Robert and Henrietta Clark appeal a deficiency judgment in favor of Whitney National Bank (Whitney) for $67,655.19 plus interest, costs and attorney fees, rendered on a motion for summary judgment.

The Whitney instituted executory proceedings on February 6, 1992, asserting that the Clarks had defaulted on three promissory notes:

1) A note dated April 12, 1990 for $41,500 at 12.5% interest with a principal balance of $40,500 (Note 1);

2) A note dated January 25, 1991 for $29,-656 at 11% interest with a principal balance of $12,414.01 (Note 2);

3) A note dated February 1, 1990 for…