Supreme Court of Alabama, 2004

Matthews v. Litton Loan Servicing, Lp

Supreme Court of Alabama · Decided October 1, 2004 · Houston, Nabers, See, Lyons, Brown, Harwood, Woodall, Stuart, Johnstone

901 So. 2d 678; 2004 Ala. LEXIS 250; 2004 WL 2202069 (Southern Reporter, Second Series)

Opinion of the Court

HOUSTON, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(E), Ala. R.App. P.

NABERS, C.J., and SEE, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur. JOHNSTONE, J., concurs in part and dissents in part.

Concurring in Part

JOHNSTONE, Justice

(concurring in part and dissenting in part).

I concur in the no-opinion affirmance insofar as it applies to the plaintiffs claims against the defendants Litton Loan Servicing, L.P., Chase Manhattan Bank, and Credit-Based Asset Servicing and Securi-tization, L.L.C. for their alleged wantonness, gross negligence, and fraud. I respectfully dissent insofar as the no-opinion affirmance applies to the plaintiffs contract claim against the defendants Litton, Chase, and C-BASS and the plaintiffs conversion claim against all defendants.

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