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STATE v. ARMSTRONG

1981560.

779 So.2d 1211 (2000)

STATE of Alabama v. Virgil E. ARMSTRONG and Ann Neita Armstrong.

Supreme Court of Alabama.

September 1, 2000.

Attorney(s) appearing for the Case

Warren C. Herlong, Jr., and Joseph D. Steadman of Helmsing, Sims & Leach, P.C., Mobile (briefs on rehearing filed by Warren C. Herlong, Jr., of Helmsing, Leach, Herlong, Newman & Rouse, P.C., Mobile; and Joseph D. Steadman of Sims, Graddick & Dodson, P.C., Mobile), for appellant.

Robert S. Presto of Caffey, Presto & Associates, P.C., Brewton, for appellees.

On Application for Rehearing

SEE, Justice.

The opinion of April 28, 2000, is withdrawn, and the following is substituted therefor.

In this condemnation action, the circuit court awarded the landowners their litigation expenses, including an attorney fee. The State appeals, arguing that the award was not authorized. We agree. Therefore, we reverse the judgment to the extent it awarded those expenses. The State has not challenged any other portions...

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