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Click here for the full text of this decision FACTS:Bobby J. Wheeler Jr. and Security State Bank executed a promissory note on April 1, 2000, for just over $16,000, plus interest. A second, unsecured note for $400 was executed in May 2000. Wheeler defaulted on the notes, and the bank filed a collection suit in October 2003. Wheeler filed an unverified answer on Oct. 21, 2003, challenging the authenticity of the first note. In its motion for summary judgment, the bank presented two affidavits, as well as copies of both notes. Wheeler, acting pro se, did not respond. The trial court granted summary judgment for the bank for nearly $19,000. HOLDING:Affirmed. Because Wheeler’s answer to the bank’s petition was unverified, both notes came into evidence fully proved. Consequently, Wheeler’s assertions that the signature on the first note was not authentic were not properly before the trial court. The issue, therefore, is not before the court of appeals. Framing the issue, then, in a manner consistent with the pleadings before the court, the court said that Wheeler’s failure to respond to the summary judgment motion meant that the court of appeals can only address the legal sufficiency of the bank’s summary judgment. The court found the bank established all four elements of its claim to enforce a promissory note as a matter of law. The notes’ existence was established by the copies attached to the summary judgment motion. Ownership and possession of the notes was established by a statement in one affidavit that Wheeler executed and delivered the notes to the bank. The bank established that Wheeler signed the notes because Wheeler failed to deny the authenticity of the signatures by verified answer, and the notes were received as fully proved. Finally, one of the affidavits established a balance due and owing on the notes. OPINION:Josh R. Morriss, C.J.; Morriss, C.J., Ross and Carter, JJ.

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