Chestatee State Bank the “Bank” filed the underlying action against Terri and Woody Reece, alleging that the defendants defaulted on two promissory notes. Mr. and Mrs. Reece filed a counterclaim for intentional infliction of emotional distress. The trial court granted summary judgment to the Bank on both the breach of contract action and the counterclaim. Mr. and Mrs. Reece appeal, arguing that genuine issues of material fact remain. We disagree and affirm. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the non-moving party, warrant judgment as a matter of law. OCGA § 9-11-56 c. . . . Our review of an appeal from summary judgment is de novo. Citations omitted. Vasquez v. Smith , Case No. A02A1814 decided January 3, 2003. We have attempted to decipher the underlying facts in this case, although the parties provided very few accurate record citations that meet the requirements of Court of Appeals Rule 27 a 1, c 3 i and iii. Viewed in favor of the Reeces as the non-moving parties, the record shows that two promissory notes were executed in favor of the Bank. The first note, loan number 400027000 “Note 1″, was signed by both Woody and Terri Reece on August 12, 1998. Note 1 had a principle loan amount of $74,206.64 and a maturity date of February 10, 2002. It provided for 42 payments in the amount of $2,087.67, due on the tenth day of each month, beginning on September 10, 1998. Note 1 was secured by a deed to 58.4133 acres of real property owned by Kenneth Stephens,1 which was also dated August 12, 1998. Woody and Terri Reece personally guaranteed Note 1.
A second promissory note was executed in favor of the Bank on December 1, 1998, by Terri Reece and Kenneth Stephens. Loan number 400051900 “Note 2″ was in the principle amount of $57,764.53, and had a maturity date of December 1, 2003. Note 2, like Note 1, was secured by the August 12, 1998, security deed to Stephens’s real property. This note provided for 60 payments of $1,195.65, due on January 1, 1999, and the first day of each month thereafter. There is no personal guaranty in the record referring to Note 2.
