Ex parte Valley National Bank.
Valley National Bank ("VNB") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to dismiss a declaratory-judgment action filed against VNB by Jesse Blount, Wilson Blount, and William Blount. William owned a 33% interest in Alabama Utility Services, LLC ("AUS"). William also served as the president of WWJ Corporation, Inc. ("WWJ"), and WWJ managed AUS. Wilson and Jesse, William's sons, owned all the stock of WWJ. In May 2013, William transferred his 33% interest in AUS to WWJ, and WWJ then owned all of the interest in AUS. In July 2015, VNB obtained a $905,599.90 judgment against William in an action separate from the underlying action. On August 31, 2015, Asset Management Professionals, LLC, purchased from WWJ all the assets of AUS for $1,600,000. On July 17, 2018, the Blounts filed a declaratory-judgment action seeking a judgment declaring "that (a) William's transfer of his interest in AUS to WWJ was not fraudulent as to [VNB], (b) William was not the alter ego of AUS or WWJ, (c) the sale of AUS did not result in a constructive trust in favor of [VNB], and (d) the [Blounts] did not engage in a civil conspiracy." VNB responded by filing a motion to dismiss pursuant to Rule 12(b)(1) and (b)(6), Ala. R. Civ. P., asserting the lack of subject-matter jurisdiction and the lack of a justiciable controversy. The parties were referred to mediation, which was unsuccessful. The Supreme Court determined that with regard to the Blounts' complaint, insofar as it sought a judgment declaring that William's transfer of his interest in AUS to WWJ was not fraudulent as to VNB and that the Blounts did not engage in a civil conspiracy, a declaratory-judgment action was inappropriate as a means of resolving those issues. Therefore, VNB had demonstrated a clear legal right to have its motion to dismiss granted as to those claims. With regard to the alter-ego claim and the constructive-trust claim, VNB did not demonstrate "a clear legal right" to have those claims dismissed. The Court therefore granted in part, and denied in part, the petition for mandamus relief. View "Ex parte Valley National Bank." on Justia Law