Boat Shack II, Inc. v. ITT Commercial Finance Corp.

ALMON, Justice.

The Boat Shack II, Inc. (“the Boat Shack”), Roger Bevan, and Cynthia Bevan appeal from a summary judgment entered in favor of the plaintiff, ITT Commercial Finance Corporation (“ITT”), on ITT’s claim for recovery of collateral. The appellants also appeal from the dismissal of their counterclaim. When it instituted this action, ITT used Rule 64(b), Ala.R.Civ.P., to obtain a writ of seizure of the property. Without using the procedure available under Rule 64(b) to have the writ of seizure set aside and without making a showing that they were not in default or that ITT was not…