Vision Bank v. Loyal Advertising, LLC et al

Filing 77

ORDER DENYING Plf's 71 Motion to Condemn & Disburse Funds w/o prejudice as set out. Plf's request to condemn & disburse all monies received from any other source is DENIED as set out. Signed by Judge Callie V. S. Granade on 2/6/2013. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SE PROPERTY HOLDINGS, LLC, Plaintiff, vs. LOYAL ADVERTISING, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 11-0176-CG-M ORDER This cause is before the court on the motion to condemn and disburse funds filed by the plaintiff on November 8, 2012 (Doc. 71), in which plaintiff requests the court to order garnishee BB&T to pay to the Clerk of Court monies it is holding pursuant to the garnishment, and order the clerk to condemn and disburse any and all monies that it has received from the garnishee BB&T, or any other source. The court notes that there is no proof of service of the plaintiff’s writ of garnishment as to BB&T on the defendants in this case; therefore, plaintiff’s motion is DENIED without prejudice. As the Clerk of Court has confirmed that no other garnished funds have been deposited in the Registry of the Court in this case, the plaintiff’s request to condemn and disburse all monies received from any other source is DENIED. DONE and ORDERED this 6th day of February, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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