Supreme Court of Alabama

Bonnie Wehle v. Thomas H. Bradley

December 22, 2017254 So. 3d 178

Summary

The court held that the circuit court violated the prior remand mandate by awarding the daughters profits from the personal representatives' premature compensation rather than interest. It remanded for the circuit court to determine and award the required interest, while affirming the attorney-fee and litigation-cost award because the personal representatives did not show that an enhanced award or interest was authorized. The court also exercised its discretion to consider the personal representatives' procedurally defective cross-appeal because the defect was nonjurisdictional and the issue lacked merit.