Linda Forehand v. First Alabama Bank of Dothan, a Corporation

GODBOLD, Chief Judge:

This appeal presents the question whether’the district court properly dismissed this Sec. 1988 action on grounds of comity and the existence of adequate remedies in pending state litigation. We find that abstention was improper under the circumstances and reverse.

I. Facts

First Alabama Bank filed an action in state court against plaintiffs husband, Troy Forehand. Admittedly through oversight, the bank failed to name Linda Forehand, the appellant, as a defendant. The bank’s complaint sought a money judgment for secured indebtedness and possession of equipment and livestock…