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F.D.I.C. v. CASHION

No. 12-1588.

720 F.3d 169 (2013)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for the Bank of Asheville, Plaintiff-Appellee, v. Avery T. CASHION, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 19, 2013.

Attorney(s) appearing for the Case

ARGUED: Edward Louis Bleynat, Jr. , Ferikes & Bleynat, PLLC, Asheville, North Carolina, for Appellant. Esther Elizabeth Manheimer , Van Winkle , Buck, Wall, Starnes & Davis, PA, Asheville, North Carolina, for Appellee. ON BRIEF: Lynn D. Moffa , Van Winkle , Buck, Wall, Starnes & Davis, PA, Asheville, North Carolina, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge MOTZ joined. Judge KING wrote a dissenting opinion.

AGEE, Circuit Judge:

Avery T. Cashion, III, appeals from the district court's judgment in favor of the Federal Deposit Insurance Corporation ("FDIC"), acting as receiver for The Bank of Asheville ("the Bank"), in this action by the FDIC to recover the deficiency owed on a promissory note executed by Cashion and payable to the Bank. Cashion contends that the district court erred in granting summary judgment to the FDIC because genuine issues of material fact exist...

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