Smith v. Player

INGRAM, Justice.

This is the second time this case has been before this Court. In Smith v. Player, 601 So.2d 946 (Ala.1992) (Smith I), we reversed the trial court’s judgment and remanded the case. We held that the deed in question should be reformed into a mortgage. For a complete history of the case, see Smith I. Included within our certificate of judgment, we ordered that “the costs of appeal be taxed against the appellee(s) [Player] as provided by Rule 35, Alabama' Rules of Appellate Procedure.”

On remand, and in accordance with this Court’s opinion, the trial court reformed the deed from…