SIMMONS v. BALL

1090066.

68 So.3d 831 (2011)

John B. SIMMONS, Jr. v. Mike BALL.

Supreme Court of Alabama.

March 4, 2011.


Attorney(s) appearing for the Case

J. Knox Argo , Montgomery, for appelant.

J. Robert Faulk of McDowell, Faulk & McDowell, L.L.C., Prattville, for appellee.


PARKER, Justice.

John B. Simmons, Jr., appeals from a summary judgment entered in favor of Mike Ball. The trial court's judgment permanently enjoined Simmons from enforcing the mortgage that gave rise to this controversy by foreclosing on the mortgaged property. We reverse and remand.

Facts and Procedural History

On May 10, 2005, two brothers, Kelly Andrew Ball ("Andy") and Mike, organized a limited-liability company known as Hard Ball, LLC...

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