A. G. Branch v. Southtrust Bank Dothan

STEAGALL, JUSTICE. SouthTrust Bank of Dothan, N.A. ("SouthTrust") filed a complaint against defendants A. G. Branch and Clint Owens in the Houston
County Circuit Court, alleging default by Branch and Owens on a promissory note. A default judgment was entered against Owens,
and the court entered a Rule 54(b), A.R.Civ.P., certification of finality on July 3, 1986. On June 13, 1986, Branch filed
an answer to SouthTrust's complaint and a cross-claim against Owens. On July 10, 1986, SouthTrust filed a motion for summary
judgment against Branch. Subsequently, on July 16, 1986, Branch filed an amended answer and a counterclaim against SouthTrust.
In his counterclaim, Branch asserted that SouthTrust had represented to him that it would hold certain real property as security
for a loan that SouthTrust was soliciting Branch to "endorse." Branch further asserted that he relied on the representations
of SouthTrust in signing the note, later discovering that SouthTrust released part of the property from its mortgage without
his knowledge or consent. In response to SouthTrust's motion for summary judgment, Branch submitted his affidavit, which repeats
a portion of the allegations of his counterclaim.