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HOLLAND v. FIDELITY FINANCIAL SERVICES, INC.

2961266.

709 So.2d 1246 (1998)

Mitchell HOLLAND and Tammy Holland v. FIDELITY FINANCIAL SERVICES, INC.

Court of Civil Appeals of Alabama.

January 23, 1998.

Attorney(s) appearing for the Case

George W. Finkbohner III of Finkbohner & Lawler, L.L.C., Mobile; and Robert G. Methvin, Jr., Birmingham, for appellants.

A. Danner Frazer, Jr., and D. Brent Baker of Frazer, Greene, Upchurch & Baker, L.L.C., Mobile; and Stephen R. Windom and Kenneth J. Riemer of Sirote & Permutt, P.C., Mobile, for appellee.

MONROE, Judge.

Fidelity Financial Services, Inc., sued Mitchell Holland and Tammy Holland in the Mobile County District Court, seeking to recover the balance of an automobile loan the Hollands had with Fidelity. Fidelity had repossessed the car from the Hollands and then had resold it; however, the proceeds from the resale were not enough to cover the balance of the loan. The Hollands filed a counterclaim; their request to have the case moved to circuit court was...

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