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SYNOVUS BANK v. PACZKO

No. M2014-00897-COA-R3-CV.

SYNOVUS BANK, v. DAVID A. PACZKO, ET AL.

Court of Appeals of Tennessee, at Nashville.

Filed May 29, 2015.

Attorney(s) appearing for the Case

Jonathan L. Miley (at oral argument), Nashville, Tennessee, and Carol A. Molloy (on brief), Lynnville, Tennessee, for the appellants, David A. Paczko and Barbara McCafferty Paczko.

Justin T. Hayden and David M. Smythe , Nashville, Tennessee, for the appellee, Synovus Bank.

W. NEAL McBRAYER, J., delivered the opinion of the Court, in which FRANK G. CLEMENT, JR., P.J., M.S., and RICHARD H. DINKINS, J., joined.

OPINION

Bank sued borrowers on a lost or destroyed promissory note. Borrowers, among other defenses, denied that the note was in default and the amount due. Borrowers also claimed that bank had destroyed the note with the intention of discharging the obligation. On cross-motions for summary judgment, the trial court...

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