Baker v. Williams Bros., Inc.

In 1987 Guy Baker filed a complaint against Eufaula Concrete Company, Inc., two of its officers, and Williams Brothers Inc., n/k/a Blue Circle, Inc., alleging, among other things, trespass and wrongful use of land.

In 1988 Williams Brothers filed a motion for summary judgment, which was granted. Williams Brothers also filed a motion to assess attorney's fees and costs. However, before the motion was heard, the parties executed a release wherein Baker agreed not to appeal the summary judgment and Blue Circle agreed to waive its right to proceed for attorney's fees and court costs. The parties…