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ENNIS v. KITTLE

2980309.

770 So.2d 1090 (1999)

Jimmy R. ENNIS and Brent Ennis v. Bradford M. KITTLE.

Court of Civil Appeals of Alabama.

Rehearing Denied October 29, 1999.

Certiorari Denied April 14, 2000.

Attorney(s) appearing for the Case

Ralph D. Gaines III, Christopher B. Greene, and M. Jason McCulloch of Gaines, Wolter & Kinney, P.C., Birmingham, for appellants.

Derek W. Simpson of Simpson, Simpson & Willisson, Huntsville, for appellee.

Alabama Supreme Court 1990304.

ROBERTSON, Presiding Judge.

Jimmy R. Ennis and Brent Ennis, the defendants in an assault-and-battery action, appeal from an order taxing "court costs" to Bradford M. Kittle, the plaintiff. We reverse the trial court's order and remand for retaxation of costs.

Kittle brought an action against the Ennises in May 1997, alleging that the Ennises had assaulted and battered him. On May 13, 1998, more than 15 days before trial...

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