Montgomery County v. Nichols

' ALAN E. HIGHERS, Judge.

Georgia Nichols, Justine Jones and Charles Nichols, both individually and as guardian and/or conservator for Georgia Nichols (hereafter collectively referred to as “the Defendants”), appeal from an order that granted a Rule 60 motion filed by Montgomery County (“the County”) subsequent to an order of voluntary nonsuit. This order directed the repayment of $101,000 that had been withdrawn from the trial court clerk by the Defendants. For the reasons hereafter stated, we affirm.

Facts and Procedural History

On January 24, 1996, the County commenced this condemnation…