Legal Opinion

HERRING-MALBIS I, LLC v. Temco, Inc.

Court of Civil Appeals of Alabama

Decided October 30, 2009No. 2080296PublishedCited by 1 opinion

1Opinion of the Court

PITTMAN, Judge.

Herring-Malbis I, LLC; Eastern Shore Centre I, LLC; and Eastern Shore Centre II, LLC (collectively “Herring-Malbis”) appeal from an order of the Baldwin Circuit Court awarding an attorney fee to TEMCO, Inc. (“TEMCO”), pursuant to Ala.Code 1975, § 8-29-1 et seq., usually referred to as the Prompt Payment Act. 1 We reverse the trial court’s order awarding an attorney fee to TEMCO.

TEMCO sued Herring-Malbis in May 2006, alleging that TEMCO was owed money “pursuant to the terms and conditions of’ contract documents signed by the parties, which included a construction contract and a…

2Cases cited25 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  3. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  4. Dairyland Ins. Co. v. JacksonSupreme Court of Alabama · 1990
  5. Equity Resources Management, Inc. v. VinsonSupreme Court of Alabama · 1998

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3Cited by1 opinion

  1. Duerr v. DuerrCourt of Civil Appeals of Alabama · 2012

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