Branch Banking and Trust Company v. Maxwell
8:10-cv-02464
M.D. Fla.Jul 26, 2012Background
- BB&T obtained a judgment against Maxwell on April 17, 2012 for over $1.2 million.
- BB&T seeks to certify the judgment under 28 U.S.C. § 1963; earlier ruling denied certification.
- Certification requires “good cause” because an appeal is pending in this action.
- Maxwell claims a Cobb County land record misidentifies ownership and that the parcel is owned by Twelve Points Georgia, LLC.
- The Cobb County land is tied to a mortgage held by BankAtlantic and is subject to foreclosure.
- The court grants certification, allowing the judgment to be registered in the Northern District of Georgia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good cause exists to certify the judgment while appeal pending | BB&T argues assets outside the district establish good cause | Maxwell argues lack of correct asset ownership and insufficient showing | Yes; good cause shown for certification |
Key Cases Cited
- Urban Industries, Inc. v. Thevis, 670 F.2d 981 (11th Cir. 1982) (addresses old § 1963 lacking good cause clause)
- Pac. Reins. Mgmt. Corp. v. Fabe, 929 F.2d 1215 (7th Cir. 1991) (discusses good cause concept after 1988 amendment)
- Assoc. Business Tele. Sys. Corp. v. Greater Capital Corp., 128 F.R.D. 63 (D.N.J. 1989) (notes option of good cause and related considerations)