Vision Bank v. Swindall

Plaintiff: Vision Bank
Defendant: Alan J. Swindall
Case Number: 1:2009cv00442
Filed: July 20, 2009
Court: Alabama Southern District Court
Office: Mobile Office
County: Mobile
Presiding Judge: Callie V. S. Granade
Referring Judge: Bert W. Milling
Nature of Suit: Plaintiff
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
April 1, 2013 121 Opinion or Order of the Court ORDER, 117 Order & 118 Writ of Execution are VACATED as set out, & the USM for the NDAL is ORDERED to CANCEL the sale of said real property. Plf is to immediately pay the fee of $540.57 to the USMS for the NDAL as set out. Signed by Judge Callie V. S. Granade on 4/1/2013. (cert. copy hand-delivered to USM on 4/1/13) (tot)
December 4, 2012 111 Opinion or Order of the Court CHARGING ORDER AGAINST ALAN J. SWINDALL, the financial interests of Dft Swindall in Tallassee Villas, Ltd., are to be charged w/payment of $4,834,532.59, being the final judgment rendered in this action as set out, & said company is to distribut e & report to the Clerk any amounts that become due or distributable to Alan J. Swindall by reason of any interest he owns in the company until the judgment is satisfied in full. Payments should be mailed to the Clerk of the Court as set out. Plf is to serve copy of this Order on Tallassee Villas, Ltd. Signed by Judge Callie V. S. Granade on 12/4/2012. (tot)
April 3, 2012 108 Opinion or Order of the Court CHARGING ORDER AGAINST ALAN J. SWINDALL, the financial interests of Dft Swindall in Bayside Harbour, LLC, Barbour County Apartments, Ltd., Louisville Apartments, Ltd. & Wetumpka Village Apartments, Ltd. are to be charged w/payment of $4,834,532. 59, being the final judgment rendered in this action as set out, & said companies are to distribute & report to the Clerk any amounts that become due or distributable to Alan J. Swindall by reason of any interest he owns in the companies until the judgment is satisfied in full. Payments should be mailed to the Clerk of the Court as set out. Plf is to serve copy of this Order on each of the companies. Signed by Judge Callie V. S. Granade on 4/3/2012. (tot)
March 1, 2012 101 Opinion or Order of the Court ORDER LIFTING STAY w/regard to enforcement of judgment as set out. Signed by Judge Callie V. S. Granade on 3/1/2012. (tot)
December 22, 2010 91 Opinion or Order of the Court ORDER GRANTING Plf's 90 Motion to Dismiss All Pending Garnishments as set out. The Clerk is directed to send a copy of this order to all garnishees. Signed by Judge Callie V. S. Granade on 12/22/10. (copies to Smith Barney, Aliant Bank, Prime South Bank, RBC Bank & Lake Martin Family Medicine on 12/22/10) (tot)
November 30, 2010 71 Opinion or Order of the Court CHARGING ORDER AGAINST ALAN J. SWINDALL, the financial individual interests of Dft Swindall in companies listed as set out be charged w/payment of the Final Judgment in this action as set out, & said Companies are to report to Plf each time a distribution is made w/respect to any transferable interest as set out, & distribute to Plf any amounts that become due or distributable to Vision Bank. Signed by Judge Callie V. S. Granade on 11/30/10. (tot)
November 8, 2010 67 Opinion or Order of the Court JUDGMENT in favor of Vision Bank against Alan J. Swindall in the amount of $4,808,273.56 plus $24,646.50 in attnys fees & $1,612.53 in costs as set out. Court will reserve jurisdiction for one year from the date of this judgment for purpose of determining any additional costs of collection owed under the note at issue. Signed by Judge Callie V. S. Granade on 11/8/10. (tot)
September 20, 2010 65 Opinion or Order of the Court Order GRANTING Plf's request to dismiss count two w/o prejudice as set out & DENYING Dft's 61 MOTION to Deduct Value of the Secured Property as set out. Plf's 62 MOTION for Attorney Fees is GRANTED in part to the extent that $ ;24,646.50 is awarded to Plf, & the court will retain jurisdiction for one year for the purpose of determining the amount of any additional costs of collection. Hearing to determine the judgment amount is set for 11/3/2010 at 09:00 AM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 Judge Callie V. S. Granade. Signed by Judge Callie V. S. Granade on 9/20/10. (tot)
August 4, 2010 56 Opinion or Order of the Court MEMORANDUM OPINION & ORDER, Plf's 39 Motion for Partial Summary Judgment is GRANTED as set out. Signed by Judge Callie V. S. Granade on 8/4/10. (tot)
November 10, 2009 27 Opinion or Order of the Court ORDER ADOPTING 21 REPORT AND RECOMMENDATION as the opinion of this court. It is ORDERED that Defendant's Motion to Dismiss or, in the Alternative, Motion forChange of Venue (Doc. 6) be DENIED. Signed by Chief Judge Callie V. S. Granade on 11/10/2009. (mab)
October 21, 2009 21 Opinion or Order of the Court REPORT AND RECOMMENDATION recommending that 6 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION to Change Venue filed by Alan J. Swindall be denied in its entirety. Objections to R&R due by 11/4/2009. Signed by Magistrate Judge Bert W. Milling, Jr on 10/21/2009. (mab)
September 28, 2009 18 Opinion or Order of the Court ORDER DENYING Dft's 8 Motion for Leave to File Third-Party Complaint as set out. Signed by Chief Judge Callie V. S. Granade on 9/28/09. (tot)

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Plaintiff: Vision Bank
Represented By: Jonathan Michael Lieb
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Defendant: Alan J. Swindall
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