Diane Mauriello v. Branch Banking and Trust Company

Case Number
E2023-00098-COA-R3-CV

The plaintiff in this action, alleging mutual mistake, sought rescission and nullification of a promissory note and deed of trust related to the plaintiff’s 2005 purchase of multiple parcels of unimproved real property. Upon the defendant bank’s counterclaim and motion for summary judgment, and following a hearing in which the plaintiff participated pro se after the court denied her motion for continuance, the trial court granted summary judgment in favor of the bank. The court dismissed the plaintiff’s complaint with prejudice and awarded a judgment to the bank in the amount of $306,392.14, inclusive of the principal owed on the promissory note, accrued interest at the time of the hearing, reasonable attorney’s fees, and expenses. The plaintiff has appealed. Discerning no
reversible error, we affirm.

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Chancellor Elizabeth C. Asbury
Date Filed