PAULK v. McCARTY

2011225 and 2011277.

855 So.2d 1123 (2003)

Ellis PAULK v. William L. McCARTY, as trustee of the William L. McCarty, Jr. DMD PA Profit Sharing Plan and Trust. Gilbert J. Malish, Jr., et al. v. William L. McCarty, as trustee of the William L. McCarty, Jr. DMD PA Profit Sharing Plan and Trust.

Court of Civil Appeals of Alabama.

February 28, 2003.


Attorney(s) appearing for the Case

Charles H. Volz III of Volz & Williams, P.C., Montgomery, for appellants Gilbert J. Malish, Jr., et al.

R. Brooke Lawson III of Capell & Howard, P.C., Montgomery, for appellant Ellis Paulk.

Jesse M. Williams III and Hendon B. DeBray of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellee.


PITTMAN, Judge.

These appeals concern the duty of a court to award litigation expenses to the defendant in a condemnation case when a final judgment denying condemnation has been entered.

In June 1998, William L. McCarty, acting as the trustee of the William L. McCarty, Jr. DMD PA Profit Sharing Plan and Trust (hereinafter "the condemnor"), filed a complaint in the Montgomery County Probate Court pursuant to § 18-3-1 et seq., Ala.Code 1975, seeking condemnation...

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