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Sawnee Forest LLC v. CRE Venture 2011-1 LLC

The trial court did not abuse its discretion in considering an amended affidavit plaintiff filed after it filed its motion for summary judgment in its suit to collect sums allegedly owed it under a promissory note.

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CRE Venture 2011-1, LLC CRE sued Sawnee Forest, LLC1 to collect sums allegedly owed it under a promissory note. Sawnee Forest appeals from an order granting partial summary judgment on the issue of liability in favor of CRE. The trial court found that CRE was the assignee of certain assets from the Federal Deposit Insurance Corporation FDIC as receiver for Crescent Bank and Trust Company and was therefore the real party in interest with the right to sue for the amount due. Finding no error, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.2

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