Oral arg. -MSSC – 3/27/2019

At 1:30 the MSSC will hear the interlocutory appeal in  Franklin Collection Service v. Bancorp South.  

In 2010, Franklin filed a lawsuit and named Bancorp South as a defendant in its first amended complaint.  Franklin claimed  BancorpSouth had charged Franklin excessive amounts of overdraft fees.

On November 28, 2012, Franklin filed a motion for leave to file a second amended complaint.  It was granted on June 4, 2013. Franklin filed its second amended complaint the next day. Bancorp South failed to file an answer. On October 14, 2016, three years later Bancorp South moved to set aside the entry of default and allow it to answer the second amended complaint. Franklin moved the trial court to deem the allegations of its Second  Amended Complaint admitted and for the trial court to enter a default judgment.  The trial court denied Bancorp South’s motion to set aside the clerk’s entry of default but allowed Bancorp South to file an answer. The court  also denied Franklin’s motion to have the allegations in the second amended complaint admitted.  Franklin filed an interlocutory appeal. Bancorp South has cross-appealed.

Franklin Collection Service’s brief

Bancorp South’s brief

Franklin Collection Service’s reply brief

Bancorp South’s brief

Watch the argument here

The David McCarty swearing-in was standing room only this morning.

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