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Thomas v. State Bank & Trust Co.

The plaintiff bank failed to meet its burden of showing that no genuine issue of material fact existed regarding whether it was the current holder of the promissory notes and guaranty under which it sought recovery.

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This appeal challenges the grant of summary judgment to a bank on its claims for breach of two promissory notes and a guaranty. Because the movant bank failed to meet its burden of showing that there exists no genuine issue of material fact that it is the current holder of the notes and guaranty, we reverse.

“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. We review a trial court’s grant of summary judgment de novo, construing the evidence, and all reasonable conclusions and inferences drawn from it, in favor of the nonmovant.” Clay v. Oxendine, 285 Ga. App. 50 645 SE2d 553 2007 citations and punctuation omitted.

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