Supreme Court of Alabama

Gary A. Soutullo and Janet L. Soutullo v. Mobile County. Gary A. Soutullo and Janet L. Soutullo v. Mobile County…

September 17, 20102010 Ala. LEXIS 164

Summary

The Alabama Supreme Court affirmed the trial court’s judgment as a matter of law, the award of deposition costs, and the denial of expert‑witness fees. The Court held that the appellants waived the unincorporated‑versus‑incorporated issue by not raising it in their opening brief, that the trial court’s discretionary taxation of deposition costs was proper, and that no authority supported the expert‑fee award. Accordingly, all three appealed orders were affirmed.