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REGIONS BANK v. LOWREY

1101541 and 1110044.

101 So.3d 210 (2012)

REGIONS BANK, as trustee of the J.F.B. Lowrey Trust v. Sam G. LOWREY, Jr., individually and on behalf of the J.F.B. Lowrey Trust, and Shelby Lowrey Jones, individually and on behalf of the J.F.B. Lowrey Trust Sam G. Lowrey, Jr., individually and on behalf of the J.F.B. Lowrey Trust, and Shelby Lowrey Jones, individually and on behalf of the J.F.B. Lowrey Trust v. Regions Bank, as trustee of the J.F.B. Lowrey Trust.

Supreme Court of Alabama.

August 10, 2012.

Attorney(s) appearing for the Case

Edward A. Dean , Duane A. Graham , and Andrew W. Martin, Jr. , of Armbrecht Jackson, LLP, Mobile, for appellant/cross-appellee Regions Bank, as trustee of the J.F.B. Lowery Trust.

Richard H. Gill of Copeland, Franc, Screws & Gill, P.A., Montgomery; and George W. Walker III and David C. Rayfield of Pope, McGlamry, Kilpatrick, Morrison & Norwood, LLP, Columbus, Georgia, for appellees/cross-appellants Sam G. Lowery Trust, individually and on behalf of the J.F.B. Lowery Trust and Shelby Lowery Jones, individually and on behalf of the J.F.B. Lowery Trust.

James H. McLemore of Capell & Howard, P.C., Montgomery, for intervenor Ala-Trust, Inc.

MAIN, Justice.

Regions Bank ("Regions"), as sole trustee of the J.F.B. Lowrey Trust ("the Lowrey Trust"), appeals the Monroe Circuit Court's order denying Regions' motion to award it attorney fees and costs.1 Sam G. Lowrey, Jr., and Shelby Lowrey Jones, two of the current beneficiaries of the Lowrey Trust (Sam G. Lowrey, Jr., and Shelby Lowrey Jones are hereinafter referred to collectively as "the beneficiaries") cross-appeal from the...

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