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Watson v. Watson4/15/2005
Randy Watson appeals from what he alleges is an appealable interlocutory order entered by the trial court on July 6, 2004, refusing to rule on his motion for a preliminary injunction. Because the trial court did not issue an appealable interlocutory order on that day, we dismiss the appeal.
Facts and Procedural History
In October 2003, Randy went to Regions Bank to open a savings account and to deposit $750,000 into that account. Randy alleges that a Regions Bank employee, Melissa Smith, told him that "he could not deposit the entire amount into one account, and that he had to open multiple accounts with increments of $100,000.00, and that every account could not be in his name." Randy claims that based on representations of the Regions Bank employee, he deposited funds into several accounts that he opened in the name of Laushaun D. Watson. Apparently, Randy opened five accounts in Laushaun's name: one certificate-of-deposit ("CD") account in his and Laushaun's names, one CD account in Laushaun's name only, one investment account in Laushaun's name only, one CD account in Laushaun's and Aaliyah Brianna Watson's names, and one investment account in his and Laushaun's names. Randy alleges in his complaint that in November 2003 Laushaun withdrew $250,000 from the accounts without Randy's knowledge or consent.
On April 23, 2004, Randy sued Regions Bank, Laushaun, and several fictitiously named defendants alleging misrepresentation and theft. Randy alleged, among other things, (1) that Regions Bank misrepresented to him the need to open multiple accounts and to open accounts in Laushaun's name in addition to his own, (2) that Laushaun withdrew funds from the accounts without Randy's knowledge or consent, and (3) that certain fictitiously named defendants negligently, fraudulently, or wantonly failed to protect his funds. Randy also moved for an emergency temporary restraining order, asserting that Laushaun and Regions Bank had in their possession a CD in the amount of $250,000 and that there was a substantial likelihood that the CD would be cashed and the money withdrawn before the claims set out in Randy's complaint were adjudicated. Randy moved the trial court to issue the temporary restraining order to prevent Laushaun and Regions Bank from "disposing, transferring, spending, giving away, or secreting any assets; in particular, approximately $250,000.00 that is on deposit at Regions Bank in Evergreen, Alabama, which is a portion of the proceeds from a personal injury claim of [Randy Watson] and that [Laushaun and Regions Bank] be prohibited from transferring or otherwise disposing of any assets or monies belonging to the parties."
On April 27, 2004, the trial court held a hearing on the motion for a temporary restraining order. On May 5, 2004, the trial court issued the temporary restraining order, directing Regions Bank to place a hold on any investment and CD accounts in Randy's and/or Laushaun's name. The trial court's order indicates that the trial court also set the matter for a hearing to be held at 1:30 p.m. on that same day. Randy claims that he did not receive notice of the May 5, 2004, hearing until May 12, 2004. The record includes a docket notice dated May 12, 2004, which states that the trial court set a hearing for July 6, 2004; it appears that the trial court sent the docket notice to the parties on May 12, 2004.
On June 7, 2004, Laushaun answered and moved to dismiss the complaint, arguing that Randy had failed to state a claim upon which relief could be granted. On June 9, 2004, Laushaun moved to vacate the temporary restraining order. The following day, on June 10, 2004, the trial court set a hearing on the motion to vacate for July 6, 2
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