RREF SNV Acquisitions, LLC v. Thomason et al

Filing 102

JUDGMENT that it is the ORDER, JUDGMENT and DECREE of the court that judgment is entered against garnishee Phenix-Girard Bank and that garnishee Phenix-Girard Bank shall pay into the registry of the US District Court, Montgomery, AL, sufficient sums, as prescribed in the writ of garnishment, from funds belonging to defendant Timothy Thomason; further ORDERING that the dissolution order 94 is VACATED, because it was entered in error. Signed by Honorable Judge Myron H. Thompson on 3/20/13. (djy, )

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

RREF SNV ACQUISITIONS,
LLC,
Plaintiff,
v.
TIMOTHY P. THOMASON &
SABRA MICHELLE THOMASON,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
3:11cv1076-MHT
(WO)

JUDGMENT
By final judgment entered November 16, 2012 (Doc. No.
42), plaintiff RREF SNV Acquisitions, LLC is to have and
recover from defendants Timothy S. Thomason and Sabra
Michelle Thomason, jointly and severally, the sum of
$

1,763,893.05,

plus

attorneys

fees

and

costs

of

collection in the amount of $ 44,299.74, and plus postjudgment interest at the statutory rate.

Further, RREF

SNC is to have and recover from the Thomason defendants,
jointly and severally, the additional sum of $ 46,190.18,
plus post-judgment interest at the statutory rate.

A writ

of garnishment (Doc. No. 65) was entered against garnishee
Phenix-Girard Bank on January 25, 2013, claiming that the
bank was indebted to defendant Timothy Thomason or had his
effects in its possession or control and that garnishment
was necessary to satisfy the judgment. Phenix-Girard Bank
then filed an answer (Doc. No. 72) stating that it had
$ 165.61 belonging to Timothy Thomason and was holding
those funds subject to further order of this court.

On

February 13, 2013, this court ordered the parties to this
litigation to show cause in writing by March 1, 2013 (Doc.
No. 87), as to why final judgment should not be entered
against the bank as garnishee, as prescribed by the writ
of garnishment.

No one responded to the show cause order.
***

Accordingly, it is the ORDER, JUDGMENT, and DECREE of
the court that judgment is entered against garnishee
Phenix-Girard Bank and that garnishee Phenix-Girard Bank
shall pay into the registry of the United States District
Court, Montgomery, Alabama, sufficient sums, as prescribed

2

in

the

writ

of

garnishment,

from

funds

belonging

to

defendant Timothy Thomason.
It is further ORDERED that the dissolution order (Doc.
No. 94) is vacated, because it was entered in error.
DONE, this the 20th day of March, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE