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FIRST ALABAMA BANK v. McGOWAN

2981465

758 So.2d 1116 (2000)

FIRST ALABAMA BANK, as Executor of the Estate of W.L. Gauntt v. Steve McGOWAN.

Court of Civil Appeals of Alabama.

January 14, 2000.

Attorney(s) appearing for the Case

D. Lewis Terry, Jr., of Farmer, Price, Hornsby & Weatherford, L.L.P., Dothan, for appellant.

Tommy R. Scarborough, Dothan, for appellee.

THOMPSON, Judge.

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...

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