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REESE DEVELOPERS, INC. v. FIRST STATE BANK

No. A10A1512.

701 S.E.2d 505 (2010)

REESE DEVELOPERS, INC. et al. v. FIRST STATE BANK.

Court of Appeals of Georgia.

September 10, 2010.

Attorney(s) appearing for the Case

Cohen, Pollock, Merlin & Small, Gus H. Small, Jr. , Brent W. Herrin , Atlanta, for appellants.

Stites & Harbison, J.D. Humphries III , Ron C. Bingham II , Kenneth B. Franklin , Atlanta, for appellee.

McMURRAY, Senior Appellate Judge.

Reese Developers, Inc. and Thomas D. Reese (collectively "the Reese debtors") appeal from a grant of summary judgment to First State Bank, a secured creditor that brought an action for payment on a promissory note and guaranty. In their sole enumeration of error, the Reese debtors contend that the Bank should have been required to foreclose on the property securing the debt before pursuing a judgment on the note. While acknowledging...

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