Branch Banking and Trust Company v. EBR Investments LLC et al
MEMORANDUM OPINION AND CONDITIONAL JUDGMENT Based on the foregoing and in accordance with Fed. R. Civ. Proc. 69, plaintiffs motion is GRANTED and CONDITIONAL JUDGMENT is entered in favor of plaintiff and against garnishee in the amount of $3,396,177.64 plus post-judgment interest at the rate of $392.85 per day. Signed by Judge William M Acker, Jr on 9/23/15. (SAC )
2015 Sep-23 AM 11:23
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
BRANCH BANKING AND TRUST,
EBR INVESTMENTS LLC, et al., }
DUDLEY, HOPTON-JONES, SIMS, & }
CIVIL ACTION NO.
MEMORANDUM OPINION AND CONDITIONAL JUDGMENT
Garnishee Dudley, Hopton-Jones, Sims & Freeman, PLLP was
personally served a writ of garnishment (Doc. 74) on August 4, 2015
at 1:30 PM by the U.S. Marshall. (Doc. 80).
Federal Rule of Civil
Procedure 69(a)(1) directs that the procedure for execution “must
accord with the procedure of the state where the court is located.”
See Zelaya/Capital Int'l Judgment, LLC v. Zelaya, 769 F.3d 1296,
1303 (11th Cir. 2014).
Thus, Alabama execution procedure governs.
Under ALA. CODE § 6-6-393, upon service of the writ, the garnishee
is required to appear and file an answer within 30 days.
CODE § 6-6-457, conditional judgment “must” be entered against a
garnishee who fails to timely appear and answer. Because more than
30 days have passed since garnishee received actual notice, and
because garnishee has not made an appearance or filed an answer
(the deadline being September 3, 2015), entry of a conditional
conditional judgment. (Doc. 87).
Based on the foregoing and in accordance with Fed. R. Civ.
Proc. 69, plaintiff’s motion is GRANTED and CONDITIONAL JUDGMENT is
hereby entered in favor of plaintiff and against garnishee in the
amount of $3,396,177.64 plus post-judgment interest at the rate of
$392.85 per day.
The clerk is directed to issue to garnishee
notice of the conditional judgment granted herein.
DONE this 23rd day of September, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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