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CHESS v. BURT

2100838.

87 So.3d 1201 (2011)

Steven CHESS v. Wade BURT.

Court of Civil Appeals of Alabama.

Certiorari Denied January 13, 2012 Alabama Supreme Court 1110336.

Attorney(s) appearing for the Case

Anthony B. Bush of Lewis, Bush & Faulk, LLC, Montgomery, for appellant.

Emily C. Marks of Ball, Ball, Matthews & Novak, P.A., Montgomery; and John Hollis Jackson, Jr. , of Jackson & Jackson, LLP, Clanton, for appellee.

BRYAN, Judge.

Steven Chess appeals from an order granting the summary-judgment motion of Wade Burt.1 We reverse and remand.

Factual Background and Procedural History

On March 17, 2008, Richard A. Grammer ("Richard") and S. Diane Grammer ("Diane") mortgaged a parcel of real property in Chilton County ("the property") to Peachtree Bank to secure the payment of a promissory note in the principal amount

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