USAmeriBank v. Strength

USAmeriBank v. Strength

Appellant:	USAmeriBank
Appellee:	Freddie Lewis Strength
Case Number:	2:2016cv00995
Filed:	December 27, 2016
Court:	US District Court for the Middle District of Alabama
Office:	Montgomery Office
County:	Montgomery
Presiding Judge:	William Keith Watkins
Nature of Suit:	Appeal
Cause of Action:	28 U.S.C. § 0158
Jury Demanded By:	None

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Date Filed	Document Text
October 20, 2017	Filing 15 MEMORANDUM OPINION AND ORDER directing that the bankruptcy court's 8/8/16 judgment is REVERSED and that this action is REMANDED to the bankruptcy court for an entry of default judgment in favor of Appellant USAmeriBank. The bankruptcy court is free to take additional evidence to determine the amount of damages, in accordance with Rule 55(b)(2)(B). It should also keep in mind that recovery cannot exceed that which was demanded in the pleadings. Fed. R. Civ. P. 54(c) ("A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings."), as further set out in order. Signed by Chief Judge William Keith Watkins on 10/20/17. Furnished to bankruptcy clerk.(djy, )

Date Filed

Document Text

October 20, 2017

Filing 15 MEMORANDUM OPINION AND ORDER directing that the bankruptcy court's 8/8/16 judgment is REVERSED and that this action is REMANDED to the bankruptcy court for an entry of default judgment in favor of Appellant USAmeriBank. The bankruptcy court is free to take additional evidence to determine the amount of damages, in accordance with Rule 55(b)(2)(B). It should also keep in mind that recovery cannot exceed that which was demanded in the pleadings. Fed. R. Civ. P. 54(c) ("A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings."), as further set out in order. Signed by Chief Judge William Keith Watkins on 10/20/17. Furnished to bankruptcy clerk.(djy, )

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Appellant: USAmeriBank
Represented By:	Burton W Newsome
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Appellee: Freddie Lewis Strength
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