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Bailey Mortgage Co. v. Williams

May 12, 1998

BAILEY MORTGAGE COMPANY AND MINNESOTA MUTUAL LIFE INSURANCE COMPANY, APPELLANTS
v.
DENNIS WILLIAMS AND JUANITA WILLIAMS, APPELLEES



Before McMILLIN, P.j., Diaz, King, And Payne, JJ.

The opinion of the court was delivered by: Payne, J., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 11/22/96

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: CIRCUIT COURT OF HOLMES COUNTY

NATURE OF THE CASE: CIVIL - CONTRACT

TRIAL COURT DISPOSITION: FOUND FOR WILLIAMS AND AWARDED $1,720.80 IN DAMAGES

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

PROCEDURAL HISTORY

Dennis and Juanita Williams filed a lawsuit seeking actual and punitive damages from Bailey Mortgage Company and Minnesota Mutual Life Insurance Company on July 1, 1994. On September 25, 1996, the case was called for trial. After hearing the evidence presented, the Judge (bench trial) ruled in favor of the plaintiffs, entering an order finding the plaintiffs were entitled to $1,720.80 in damages and on November 22, 1996, entered judgment for the plaintiffs in the amount of $1,720.80. Feeling aggrieved by this ruling, both defendants appealed. Having studied the record and the briefs we reverse and render.

FACTS

Mr. Williams purchased a house in 1965 wherein he gave Kimbrough Investment Company a deed of trust. From that purchase, he received credit life insurance coverage on the loan. On April 14, 1981 Williams became totally disabled. On or about June 1, 1982, Bailey Mortgage acquired from Kimbrough Investment Company the loan which Kimbrough had made to Dennis Williams. At the time of the transfer, Bailey Mortgage did arrange for the former Kimbrough debtors, such as Dennis Williams, to obtain group mortgage disability and accidental death ...


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