State Bank of Boyd v. Hatch

OPINION

POPOVICH, Chief Judge.

This appeal is from an order denying appellants’ petition for an alternative writ of mandamus. Appellants claim the trial court (1) erred in entertaining respondents’ arguments prior to issuance of the alternative writ, (2) abused its discretion in denying the petition, and (3) cannot use its discretion to refuse mandamus because appellants seek only to enforce rights clearly conferred by statute. We affirm.

FACTS

Appellant State Bank of Boyd (Boyd) operated as a state-chartered banking corporation. Subsequent to examination conducted by state examiners and by…