State of Banking Department v. Taylor

The State of Alabama Banking Department (“the Department”) appeals from a declaratory judgment in an action instituted by Gwyn Ellis Taylor, the sole owner of Net Axcess, LLC, and Net Axcess, LLC (hereinafter referred to collectively as “Net Axcess”), against the Department. We vacate the trial court’s judgment and dismiss the appeal.

On May 12, 2005, Net Axcess sued the Department, seeking a judgment declaring that the Alabama Deferred Presentment Services Act, § 5-18A-1 et seq., Ala.Code 1975 (“the Act”), did not apply to Net Axcess’s business and, thus, that the Department had no…