Legal Opinion

Ex parte Arvest Bank

Supreme Court of Alabama

Decided September 16, 2016No. 1141421PublishedCited by 6 opinions

1Opinion of the Court

MURDOCK, Justice.

Arvest Bank (“Arvest”) petitions this Court for a writ of mandamus directing the Autauga Circuit Court to vacate its order denying Arvest’s motion to quash a writ of execution obtained by Iberiabank f/k/a Capitalsouth Bank (“Iberia”) against real property owned by Evelyn L. Niland (“Evelyn”) and to issue an order granting the motion. We treat the petition as an appeal, and we reverse and remand.

I. Facts

The facts in this case are undisputed and were recounted in the trial court’s final order of September 7, 2015:

“1. On July 8, 2004, Thomas M. Karrh, II, transferred the…

2Cases cited46 opinions

  1. Ex Parte Alfab, Inc.Supreme Court of Alabama · 1991
  2. Ex Parte GrahamSupreme Court of Alabama · 1997
  3. Bean Dredging v. Alabama Dept. of RevenueSupreme Court of Alabama · 2003
  4. Nunn v. KeithSupreme Court of Alabama · 1972
  5. Zeigler v. BonnellCalifornia Court of Appeal · 1942

41 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hines v. Scottsboro Investment Group, LLC (In re Hines)United States Bankruptcy Court, N.D. Alabama · 2017
  2. Carol N. Upchurch, individually and as of the Estate of Michael W. Upchurch v. David Upchurch and Jason UpchurchSupreme Court of Alabama · 2023
  3. Northington v. NorthingtonCourt of Civil Appeals of Alabama · 2017
  4. Sharp v. HortonCourt of Civil Appeals of Alabama · 2017
  5. Thomason v. Deutsche Bank National Trust CompanyDistrict Court, M.D. Alabama · 2021

1 more not listed; retrieve them via the Exa API.

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