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FIRST UNITED SEC. BANK v. McCOLLUM

1120302.

178 So.3d 372 (2014)

Ex parte FIRST UNITED SECURITY BANK and Paty Holdings, LLC (In re: First United Security Bank and Paty Holdings, LLC v. W. Hardy McCollum, Judge of Probate of Tuscaloosa County, et al.).

Supreme Court of Alabama.

Rehearing Denied January 30, 2015.

Attorney(s) appearing for the Case

Burt W. Newsome of Newsome Law, LLC, Birmingham, for petitioners.

Travis R. Wisdom of The Wisdom Firm LLC, Auburn, for respondent W. Hardy McCollum, in his capacity as Tuscaloosa County Judge of Probate and Peyton Cochrane, in his capacity as Tuscaloosa County Tax Collector.

Stan Brobston of Brobston & Brobston, P.C., Bessemer, for respondent Wayne Allen Russell, Jr.

Charles R. Johanson III , William B. Hairston III , and Colin House of Engel, Hairston & Johanson, P.C., Birmingham, for amicus curiae Moore Oil Company, Inc., in support of the petitioners.

This Court granted certiorari review to clarify our decision in First Union National Bank of Florida v. Lee County Commission, 75 So.3d 105 (Ala.2011), and to further address who is the "owner" entitled to recover excess funds received from the tax sale of real estate. We reverse and remand...

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