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FORMARO v. SUNTRUST BANK

No. A10A2139.

702 S.E.2d 443 (2010)

FORMARO v. SUNTRUST BANK.

Court of Appeals of Georgia.

October 7, 2010.

Attorney(s) appearing for the Case

William R. Carlisle , Sugar Hill, for appellant.

Lefkoff, Rubin & Gleason, Craig B. Lefkoff , Atlanta, for appellee.

BLACKBURN, Senior Appellate Judge.

In this action to collect a loan, debtor Randy Formaro appeals the summary judgment granted to creditor SunTrust Bank, arguing that (i) the SunTrust officer's affidavit regarding the debt was not based on the personal knowledge of the officer, and (ii) some evidence showed that the debt had been settled by accord and satisfaction when a third party sent a check to SunTrust "in full payment" of the debt, which check SunTrust negotiated...

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