First Tuskegee Bank v. McCall et al

Filing 37

JUDGMENT that 23 motion for entry of default judgment filed by plaintiff First Tuskegee Bank is granted as to defendant Alabama Department of Revenue; that Judgment is entered in favor of plaintiff First Tuskegee Bank and against defendant Alabama Department of Revenue; that it is the DECLARATION of this court that defendant Alabama Department of Revenue has an inferior interest to that of plaintiff First Tuskegee Bank over the property that is the subject of the Real Estate Mortgage and Secur ity Agreement described in the complaint; that Plaintiff First Tuskegee Bank's claims against defendants Martin McCall, Sr. and United States of America Internal Revenue Service remain pending; that costs are taxed against defendant Alabama Depa rtment of Revenue, for which execution may issue; that the clerk is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Myron H. Thompson on 8/9/2010. (Attachments: # 1 Civil Appeals Checklist)(cc, )

First Tuskegee Bank v. McCall et al

Doc. 37

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION FIRST TUSKEGEE BANK, Plaintiff, v. MARTIN McCALL, SR., d/b/a McCall's Construction Company, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv1137-MHT (WO)

JUDGMENT In accordance with the memorandum opinion entered on this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The motion for entry of default judgment filed by plaintiff First Tuskegee Bank (doc. no. 23) is granted as to defendant Alabama Department of Revenue. (2) Judgment is entered in favor of plaintiff First Tuskegee Bank and against defendant Alabama Department of Revenue . (3) It is the DECLARATION of this court that

defendant Alabama Department of Revenue has an inferior

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interest to that of plaintiff First Tuskegee Bank over the property that is the subject of the Real Estate Mortgage complaint. and Security Plaintiff Agreement First described Bank's in the

Tuskegee

claims

against defendants Martin McCall, Sr. and United States of America Internal Revenue Service remain pending. It is further ORDERED that costs are taxed against defendant Alabama Department of Revenue, for which

execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 9th of August, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE