Ladd v. Stockham

(dissenting in part and concurring in the l-esult in case no. 1140407).

After prevailing in the underlying action, Margai-et Stockham, as personal represen*475tative of the estate of Herbert Stockham, deceased (“Stockham”), moved the trial court to award her costs, fees, and expenses. The trial court denied the motion, and Stockham challenges that ruling in her cross-appeal, case no. 1140407.

Stockham argued in the trial court and on appeal that she is entitled under Ala. Code 1975, §§ 19-3B-708 and -709, to an award of costs, fees, and expenses. Those costs, fees, and expenses would not be paid by…