BANCTRUST CO., INC. v. Griffin

In May 2004, BancTrust Company, Inc. ("BancTrust"), as successor trustee for a trust created by Eileen McDonald Walker ("the trust"), sued Charles F.R. Griffin, individually and as executor of the estate of Cheryl Walker Griffin, and Regions Bank, as executor of the estate of Ion S. Walker. In its complaint, BancTrust sought restitution for certain amounts paid from the trust for the benefit of Charles Griffin and Cheryl Griffin. We are dismissing this appeal as untimely; therefore, we need not discuss the specific factual allegations underlying this action.

The parties conducted discovery and…