Tapscott v. Fowler

Billy Joe Tapscott and Jerry Tapscott, plaintiffs/appellants in this case, were two of nine defendants against whom the circuit court for Morgan County, on behalf of numerous landowners, entered an injunction to restrain them from continuing their allegedly illegal deer hunting activities. The Tapscotts appealed to this Court and this Court reversed the circuit court in Anders v. Fowler, 423 So.2d 838 (Ala. 1982), because the circuit court did not require the plaintiffs to post security for costs as mandated by Rule 65 (c), Ala.R.Civ.P. The Tapscotts, having prevailed here, then filed an…