Williams v. Deerman

Bobby Ray Williams and Melissa S. Williams appeal from a summary judgment in favor of John Kenneth Deerman on their claims for reimbursement of attorney fees and costs incurred during their defense of a private condemnation action. We reverse and remand.

In 1988, Deerman filed a complaint in the Probate Court of Bibb County, seeking a right-of-way easement across the Williamses' lands, pursuant to § 18-3-1 et seq., Ala. Code 1975. The probate court granted a right-of-way easement to Deerman, and the Willamses appealed to the Circuit Court of Bibb County. That court entered a judgment…