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SMITH v. COWART

1090048.

68 So.3d 802 (2011)

Nathan SMITH and Dale D. Smith v. H. Buford COWART; Debbie Cowart d/b/a DBM Enterprises; and Herman Cowart.

Supreme Court of Alabama.

February 25, 2011.

Attorney(s) appearing for the Case

Walter E. McGowan of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee; and Frank M. Wilson , Montgomery, for appellants.

James B. Douglas, Jr. , of McNeal & Douglas, L.L.C., Auburn, for appellees.

MURDOCK, Justice.

Nathan Smith and Dale D. Smith appeal from a judgment entered by the Macon Circuit Court in their action against H. Buford Cowart, Debbie Cowart d/b/a DBM Enterprises, and Herman Cowart (collectively "the Cowarts"). We affirm in part, reverse in part, and remand.

I. Facts and Procedural History

In 1994, the Smiths and Buford Cowart formed Heartland Products, Inc. ("Heartland"); Heartland engaged in a landscaping business...

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