Crop Production Services, Inc. v. Baxter

Filing 18

ORDER directing that def Ted Baxter SHOW CAUSE, if any there be, by 9/2/10, as to why final judgment should not be entered against garnishee Regions Bank requiring that it pay into the registry of the USDC, Montgomery, AL sufficient sums, as prescribed by the writ of garnishment, from the money belonging to def Ted Baxter, as further set out in order. Signed by Honorable Myron H. Thompson on 8/10/10. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

CROP PRODUCTION SERVICES, INC., a Delaware corporation,

) ) ) ) Plaintiff, ) ) v. ) ) TED BAXTER, an individual, ) ) Defendant. )

CIVIL ACTION NO. 1:10cv395-MHT (WO)

ORDER By final judgment entered on July 12, 2010, plaintiff Crop Production Services, Inc. is to have and recover from defendant Ted Baxter the sum of $ 255,023.66, plus interest on that amount at $ 110.2446 per day from June 9, 2010, until the date of the judgment, and attorney's fees and costs for this lawsuit. On July 27, 2010, a

writ of garnishment was issued against garnishee Regions Bank, c/o CSC Lawyers Incorporating Service, Inc., 150 S. Perry St., Montgomery, Alabama 36104, claiming that

Baxter is indebted to Crop Production Services in the

amount of $ 255,023.66.

(Neither the application for the

writ nor the writ itself makes any reference to interest, attorneys' fees or costs.) On August 2, 2010, Regions

Bank filed an answer indicating that it has in its possession $ 1,583.48 belonging to Baxter and is holding the money subject to further orders of the court. Accordingly, it is ORDERED that defendant Ted Baxter show cause, if any there be, by September 2, 2010, as to why final judgment should not be entered against

garnishee Regions Bank requiring that it pay into the registry of the United States District Court, Montgomery, Alabama sufficient sums, as prescribed by the writ of garnishment, from the money belonging to defendant Ted Baxter. DONE, this the 10th day of August, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE