Kincaid v. SouthTrust Bank

OPINION

FRANK G. CLEMENT, JR., J.,

delivered the opinion of the court,

in which WILLIAM C. KOCH, JR., P.J., M.S., and WILLIAM B. CAIN, J., joined.

Plaintiffs appeal the dismissal of their eleven-count complaint against SouthTrust Bank and two other nominal defendants. The trial court dismissed the complaint, finding the plaintiffs had failed to state a claim upon which relief can be granted. The plaintiffs contend the bank’s dealings with Ed H. Street, Jr., the chief manager of Derby Self Storage LLC, following Derby’s default on a secured indebtedness to the bank, constituted a conspiracy to…