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ALLSTATE INS. CO. v. JAMES

No. 84-7701.

779 F.2d 1536 (1986)

ALLSTATE INSURANCE COMPANY, Plaintiff-Counterclaim Defendant-Appellee, v. Norman J. JAMES and Vera M. James, Defendants-Counterclaim Plaintiffs-Appellees, Felipe M. REYES, Sr., and Shirley P. Reyes, Defendants-Counterclaim Plaintiffs-Appellants, v. FIRST SMALL BUSINESS INVESTMENT COMPANY OF ALABAMA, Defendant-Intervenor.

United States Court of Appeals, Eleventh Circuit.

January 14, 1986.

Attorney(s) appearing for the Case

Jim H. Fernandez, Mobile, Ala., for Reyes.

John D. Richardson, Mobile, Ala., for Allstate Ins. Co.

Mark E. Spear, Brown, Hudgens & Richardson, P.C., Mobile, Ala., for James.

Before RONEY and HILL, Circuit Judges, and PITTMAN, District Judge.

PITTMAN, District Judge:

Mr. and Mrs. Reyes (mortgagees) appeal the dismissal of their foreclosure claims, and the order requiring Allstate Insurance Company (Allstate) to pay to mortgagees the debt principal, without interest since default or attorney's fees, in exchange for the assignment of the mortgagees' note and mortgage. We conclude the district court erred in dismissing the foreclosure claims asserted by the Reyes' cross-claim against defendants James.

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