Garner v. Fidelity Bank

This appeal arises from a suit on a promissory note. Vernon Lee Garner challenges the entry of a traditional summary judgment in favor of Fidelity Bank, N.A., f/k/a/ Parkway Bank. In siX issues, Garner argues: (1) the trial court abused its discretion when it denied Garners motion for continuance; (2) the trial court erred when it granted summary judgment because there was a material issue of fact as to whether the note at issue constituted the complete agreement of the parties; (3) the court erred in granting summary judgment because Garner raised a material issue of fact concerning payment; (4) the trial court abused its discretion when it sustained Fidelitys objections to Garners testimony about statements and acts that occurred after the note was signed; (5) the trial court awarded Fidelity more relief than it requested; and (6) the trial court erred by awarding attorneys fees. Finding no reversible error, we affirm the trial courts judgment.