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WALDEN v. HUTCHINSON

1060516.

987 So.2d 1109 (2007)

Willadean WALDEN and Danya Park Garden Apartments, Inc. v. George HUTCHINSON et al.

Supreme Court of Alabama.

Rehearing Denied January 18, 2008.

Attorney(s) appearing for the Case

David E. Hampe, Jr., Birmingham; and Gatewood Walden, Montgomery, for appellants.

David A. McDowell of McDowell, Faulk & McDowell, LLC, Prattville, for appellee George Hutchinson.

Charles W. Edmondson, Montgomery, for appellees ES Capital, LLC, Richard Ensley, and Patricia Ensley.

Scott M. Speagle of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellee Annee Caspari, executrix of the estate of Hugh Smith, Jr.

J. Myron Smith of Smith & Norman, Prattville, for appellee Annee Caspari, individually.

WOODALL, Justice.

Willadean Walden and Danya Park Garden Apartments, Inc. ("Danya Park"), formerly known as Hugh V. Smith Enterprises, Inc. ("the Enterprises"), appeal from a summary judgment in favor of George Hutchinson; the George Ellis Hutchinson, Jr., Present Interest Trust No. 1 ("the Hutchinson trust"); Annee Caspari, individually and as executrix of the estate of Hugh V. Smith, Jr. ("the estate"); ES Capital, LLC ("ES"); and Richard Ensley and Patricia Ensley...

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