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SMITH v. SMITH

2020171.

865 So.2d 1221 (2003)

John Brent SMITH v. Cynthia Dawn SMITH and SouthTrust Bank.

Court of Civil Appeals of Alabama.

May 23, 2003.

Attorney(s) appearing for the Case

Richard Rudolph Klemm of Klemm & Gourley, P.C., Dothan, for appellant.

Deborah S. Seagle of Smith & Seagle, Dothan, for appellee Cynthia Dawn Smith.

Virginia Lynn McInnes of Farmer, Farmer, Malone & Sherrer, P.A., Dothan, for appellee SouthTrust Bank.

THOMPSON, Judge.

On April 18, 2002, John Brent Smith ("the husband") sued Cynthia Dawn Smith ("the wife") and SouthTrust Bank ("South-Trust") alleging conversion, breach of contract, negligence, wantonness, and fraud. The husband alleged that SouthTrust had allowed the wife to remove funds from his home-equity line of credit without his authorization or knowledge. On May 21, 2002, the wife filed a motion to dismiss, alleging that the husband's claims had been previously...

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