MUSSELMAN v. COLONIAL BANK

87-1120.

554 So.2d 973 (1989)

Charles W. MUSSELMAN, Jr., and Hilda F. Musselman v. COLONIAL BANK OF NORTH ALABAMA, formerly d/b/a The Bank of Huntsville.

Supreme Court of Alabama.

Rehearing Denied December 8, 1989.


Attorney(s) appearing for the Case

Stephen D. Heninger of Heninger, Burge and Vargo, Birmingham, for appellants.

Crawford S. McGivaren, Jr., Sara E. Akin of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, and Robert Willisson of Willisson & Tucker, Huntsville, for appellee.


PER CURIAM.

This is an appeal by the plaintiffs, Charles W. and Hilda F. Musselman, of a summary judgment entered in favor of the defendant, Colonial Bank of North Alabama, formerly d/b/a The Bank of Huntsville ("Bank"). That judgment was made final pursuant to Rule 54(b), A.R.Civ.P. We reverse and remand.

The issues are whether the Musselmans waived any claims they had against the Bank by renewing a promissory note to the Bank and whether the conflicting...

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