Rodgers v. McElroy

Decision Date21 June 2013
Docket Number2110364.
Citation141 So.3d 1046
PartiesSamuel RODGERS v. Elizabeth McELROY.
CourtAlabama Court of Civil Appeals

OPINION TEXT STARTS HERE

Appeal from Jefferson Circuit Court (CV–10–2979); Helen Shores Lee, J.Stewart E. Burns of Burns, Burns & Garner, Gadsden, for appellant.

Carol Ann Smith and A. Mark Bahakel of Smith & Pace, P.C., Birmingham, for appellee.

Duane A. Graham of Armbrecht Jackson LLP, for amicus curiae Frank H. Kruse, in support of the appellee.

Algert S. Agricola, Jr., of Ryals, Plummer, Donaldson, Agricola & Smith, P.C., Montgomery, for amicus curiae Alabama Probate Judges Association, in support of the appellee.

After Remand from the Alabama Supreme Court

THOMPSON, Presiding Judge.

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Rodgers, 141 So.3d 1038 (Ala.2013). In compliance with the Supreme Court's opinion, the judgment of the trial court is hereby reversed and the cause remanded for further proceedings consistent with the Supreme Court's opinion.

REVERSED AND REMANDED WITH INSTRUCTIONS.

PITTMAN, THOMAS, MOORE, and DONALDSON, JJ., concur.

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1 cases
  • Rodgers v. McElroy
    • United States
    • Alabama Court of Civil Appeals
    • April 18, 2014
    ...court and remanded the cause to the trial court for further proceedings consistent with our supreme court's opinion. Rodgers v. McElroy, 141 So.3d 1046 (Ala.Civ.App.2013).On remand, the trial court held a hearing regarding whether McElroy was entitled to a reasonable fee for her services as......

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