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Wells Fargo Bank, Nat'l Ass'n v. Ronnie Gilley Constr. Ozark, Inc.

DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
Dec 28, 2012
CIVIL ACTION NO. 1:11cv330-MHT (WO) (M.D. Ala. Dec. 28, 2012)

Opinion

CIVIL ACTION NO. 1:11cv330-MHT (WO)

12-28-2012

WELLS FARGO BANK, NATIONAL ASSOCIATION, Plaintiff, v. RONNIE GILLEY CONSTRUCTION OZARK, INC. and RONALD E. GILLEY, Defendants, v. KEYSTONE LAND, LLC, Garnishee.


CONDITIONAL JUDGMENT

AND SHOW-CAUSE ORDER

On January 10, 2012, final judgment was entered in favor of plaintiff Wells Fargo Bank, National Association (successor-by-merger to Wachovia Bank, National Association) and against defendants Ronnie Gilley Construction Ozark, Inc. and Ronald E. Gilley, jointly and severally, in the amount of $ 138,196.63. On April 3, 2012, a writ of garnishment was issued against garnishee Keystone Land, LLC, claiming that Keystone Land is either indebted to Gilley or is in possession or control of Gilley's funds. Keystone Land has failed to appear or answer the writ of garnishment. On June 8, 2012, Wells Fargo moved this to court to enter a notice of conditional judgment against Keystone Land, LLC. On June 12, 2012, this court ordered that Keystone Land show cause as to why the motion should not be granted conditional judgment entered against it. The time set for Keystone Land to respond to the show-cause order has expired and Keystone Land has not responded.

* * *

Accordingly, it is ORDERED as follows:

(1) The motion for default judgment (doc. no. 42) is granted

(2) Conditional judgment is entered against garnishee Keystone Land, LLC.

(2) Garnishee Keystone Land, LLC shall, within 30 days, either show cause in writing as to why final judgment against garnishee Keystone Land, LLC should not be entered, or pay into the registry of the United States District Court, Montgomery, Alabama, sufficient funds, as prescribed in the writ of garnishment, on behalf of defendant Ronald E. Gilley.

Myron H. Thompson

UNITED STATES DISTRICT JUDGE


Summaries of

Wells Fargo Bank, Nat'l Ass'n v. Ronnie Gilley Constr. Ozark, Inc.

DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
Dec 28, 2012
CIVIL ACTION NO. 1:11cv330-MHT (WO) (M.D. Ala. Dec. 28, 2012)
Case details for

Wells Fargo Bank, Nat'l Ass'n v. Ronnie Gilley Constr. Ozark, Inc.

Case Details

Full title:WELLS FARGO BANK, NATIONAL ASSOCIATION, Plaintiff, v. RONNIE GILLEY…

Court:DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

Date published: Dec 28, 2012

Citations

CIVIL ACTION NO. 1:11cv330-MHT (WO) (M.D. Ala. Dec. 28, 2012)