Peoplessouth Bank v. Farmer & Malone, P.A.

Filing 94

ORDER that 92 MOTION to Dismiss is granted; that Counts one, two, and three of the complaint in civil action no. 1:11cv176-MHT are dismissed; that Count six (for declaratory judgment) in the counterclaim in civil action no. 1:11cv176-MHT is d ismissed; that the following claims are left in this litigation: (1) Plaintiff PeoplesSouth Bank's claim against defendant Farmer & Malone, P.A., under the Alabama Legal Services Liability Act in civil action no. 1:11cv36-MHT; (2) Plaintiff Peop lesSouth Bank's guaranty claim against defendant Charles North in civil action no. 1:11cv176-MHT; (3) All of defendant Charles North's counterclaims, except count six, against plaintiff PeoplesSouthBank in civil action no. 1:11cv176-MHT. Signed by Honorable Judge Myron H. Thompson on 5/23/2012. (cc, )

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

PEOPLESSOUTH BANK, a
Georgia Banking
Corporation,
Plaintiff,
v.
FARMER & MALONE, P.A.,
an Alabama Legal
Professional Association,
Defendant.

PEOPLESSOUTH BANK, a Bank
Chartered in Georgia,
Plaintiff,
v.
CHARLES NORTH, an
Individual,
Defendant.

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CIVIL ACTION NO.
1:11cv36-MHT
(WO)

CIVIL ACTION NO.
1:11cv176-MHT

ORDER
Based on the representations made on the record on
May 22, 2012, it is ORDERED as follows:
(1) The motion to dismiss (doc. no. 92) is granted.

(2) Counts one, two, and three of the complaint in
civil action no. 1:11cv176-MHT are dismissed.
(3) Count

six

(for

declaratory

judgment)

in

the

counterclaim in civil action no. 1:11cv176-MHT
is dismissed.
It is further ORDERED that the following claims are
left in this litigation:
(1) Plaintiff
defendant

PeoplesSouth

Bank’s

claim

against

Farmer & Malone, P.A., under the

Alabama Legal Services Liability Act in civil
action no. 1:11cv36-MHT.
(2) Plaintiff

PeoplesSouth

against defendant

Bank’s

guaranty

claim

Charles North in civil action

no. 1:11cv176-MHT.
(3) All of defendant Charles North’s counterclaims,
except count six, against plaintiff PeoplesSouth
Bank in civil action no. 1:11cv176-MHT.
DONE, this the 23rd day of May, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE