First State Bank of Atmore v. Thompson

Supreme Court of Alabama December 2, 1988

First State Bank of Atmore v. Thompson, 538 So. 2d 29 (Ala. 1988)

1988 Ala. LEXIS 629; 1988 WL 143931

Torbert, Jones, Shores, Adams, Steagall

Opinion of the Court

TORBERT, Chief Justice.

We hereby quash the writ formerly granted in this case, with comment. The following matter warrants comment but does not alter the disposition by the Court *30of Civil Appeals. We find unnecessary, and should not be taken as agreeing with, that portion of the opinion of the Court of Civil Appeals that addresses the obligations, or lack thereof, of the FDIC vis-a-vis First State Bank under the alleged agreement. Petitioner raised no issue on appeal with respect to the FDIC, and, thus, the FDIC’s obligations or duties under this agreement were not a proper subject for review.

As a final matter, we grant petitioner’s motion to strike the reply letter filed with this Court on October 12, 1988, by the respondent, Zack Thompson, because the letter was filed after the 14-day period prescribed for such replies, A.R.A.P. 39(f).

WRIT QUASHED.

JONES, SHORES, ADAMS and STEAGALL, JJ., concur.

Reference

Full Case Name: Ex Parte First State Bank of Atmore. (Re First State Bank of Atmore v. Zack Thompson, Superintendent of Banks, State of Alabama Banking Department Federal Deposit Insurance Corporation and First National Bank of Atmore).
Status: Published