NEAL v. NEAL

1991439, 1992202.

856 So.2d 766 (2002)

John Stewart NEAL v. Terrill NEAL and James Willett Neal. John Stewart Neal v. N.Q. Adams, Kate Neal McNeel, and Lauren Neal Shepard.

Supreme Court of Alabama.

Applications for Rehearing Overruled March 14, 2003.


Attorney(s) appearing for the Case

Walter R. Byars of Steiner-Crum, Byars & Main, P.C., Montgomery; and Reo Kirkland, Jr., Brewton, for appellant.

William R. Stokes, Jr., of Stokes, Jernigan & Stokes, Brewton, guardian ad litem.

Frank M. Bainbridge of Bainbridge, Mims, Rogers & Smith, L.L.P., Birmingham, for appellees Terrill Neal and James Willett Neal.

Broox G. Garrett, Jr., of Thompson, Garrett & Hines, L.L.P., Brewton; and Andrew J. Noble III of Bradley Arant Rose & White, L.L.P., Birmingham, for appellees N.Q. Adams, Kate Neal McNeel, and Lauren Neal Shepard.

Broox G. Garrett, Jr., of Thompson, Garrett & Hines, L.L.P., Brewton; and Andrew J. Noble III of Bradley Arant Rose & White, L.L.P., Birmingham, for amicus curiae in case no. 1991439, N.Q. Adams, Kate Neal McNeel, and Lauren Neal Shepard.

Terry L. Butts, Troy, for amicus curiae David U. Rhone, Sr., and other officials of St. Paul A.M.E. Church as representatives of the class of religious and/or charitable corporations, trusts, organizations, individuals, or groups of individuals in Calhoun County, Florida, and/or Escambia County, Alabama.


JOHNSTONE, Justice.

John Stewart Neal, the appellant in these two consolidated appeals and the movant on a motion filed directly with us, is litigating against the successor cotrustees of a family trust and against his two adoptive brothers to get more from the trust than was granted to him by a 1997 judgment, which he did not appeal. Over two years after rendition of that judgment, he sought relief from it and suffered the two successive summary judgments he has...

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