Opinion Notes:
MEMORANDUM OPINION AND ORDER: 1. The 48 Motion for Default Judgment as to ETC Lake Development, LLC and E. T. Chambers and the 50 MOTION for Default Judgment as to ETC Lake Development, LLC and E.T. Chambers are GRANTED. 2. The 57 Motion for Summary Judgment and 61 Motion for Summary Judgment are GRANTED and judgment is entered against Defendants REMAX Lake Martin Properties, LLC, Patricia M. Smith, Sterling Bank, and Bear Brothers, Inc. 3. The 57 Motion for Summary Judgment and 61 Motion for Summary Judgment are DENIED as to Defendant Joe F. Watkins without prejudice to being refiled when the stay of claims against Joe F. Watkins has been lifted in this case. 4. The 57 Motion for Summary Judgment and 61 Motion for Summary Judgment are DENIED as moot as to ETC Lake Development, LLC, and E. T. Chambers. 5. It is DECLARED that Employers Mutual Casualty Company is not obligated or liable to defend and/or indemnify ETC Lake Development, LLC or E. T. Chambers in Joe F. Watkins, Patricia McNeil Smith& Remax Lake Martin Properties, LLC v. ETC Lake Development, LLC; Bear Brothers, Inc.; Sterling Bank; and E. T. Chambers, CV-2009-900043, pending in the Circuit Court for Tallapoosa County, Alabama. 6. It is DECLARED that Auto-Owners Insurance Company is not obligated or liable to defend and/or indemnify ETC Lake Development, LLC, or E. T. Chambers in Joe F. Watkins, Patricia McNeil Smith & Remax Lake Martin Properties, LLC v. ETC Lake Development, LLC; Bear Brothers, Inc.; Sterling Bank; and E.T. Chambers, CV-2009-900043, pending in the Circuit Court for Tallapoosa County, Alabama. 7. Because the majority oft he claims in this case are disposed of by this Order, and the only remaining claim in this case is one which has been stayed as against Joe F. Watkins upon suggestion of bankruptcy, there is no just reason for delay, and the court makes this Order a Final Order purusant to FRCP 54(b). Signed by Honorable Judge W. Harold Albritton, III on 10/18/2011. (Attachments: # (1) Civil Appeals Checklist) (dmn)
