HARBISON v. STRICKLAND

1030591.

900 So.2d 385 (2004)

Suzy Strickland HARBISON v. Bonnie Sue STRICKLAND.

Supreme Court of Alabama.

October 22, 2004.


Attorney(s) appearing for the Case

Terry McElheny and Brian T. Williams of Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., Birmingham, for appellant.

John E. Enslen, Pinkston & Courtney, LLP, Wetumpka, for appellee.

C. Fred Daniels of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham; Harwell E. Coale, Jr., of Coale, Dukes, Kirkpatrick & Crowley, P.C., Mobile; Ralph H. Yeilding of Bradley Arant Rose & White, LLP, Birmingham; and Dale B. Stone of Feld, Hyde, Wertheimer & Bryant, P.C., Birmingham, for amicus curiae Alabama Fellows of American College of Trust and Estate Counsel, in support of the appellant.

Nancy C. Hughes and Joy M. McAfee of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Birmingham; Helen Crump Wells of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery; Thomas F. Garth and S. Travis Bartee of Lyons, Pipes & Cook, P.C., Mobile; Henry H. Hutchinson of Capell & Howard, P.C., Montgomery; William E. Shanks, Jr., of Balch & Bingham, L.L.P., Birmingham; Christine Sampson Hinson of Hinson & Hinson, P.C., Huntsville; and R. Mark Kirkpatrick of Coale, Dukes, Kirkpatrick & Crowley, P.C., Mobile, for amici curiae National Association of Estate Planners & Councils, Estate Planning Council of Birmingham, Inc., Montgomery Estate Planning Council, Inc., Mobile Estate Planning Council, Inc., and Financial and Estate Planning Council of Huntsville, in support of the appellant.


SEE, Justice.

Suzy Strickland Harbison appeals from a summary judgment in favor of the defendant, Bonnie Sue Strickland. We reverse and remand.

I.

Bonnie Sue Strickland is the manager and a 17% equity owner of the Strickland Family Limited Liability Company ("the LLC"). The LLC was formed by Bonnie Sue Strickland and her now deceased husband, Jake Strickland, on August 4, 2000, as part of their estate plan.1 The LLC was...

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