# Tuscaloosa County Special Tax Board v. Tuscaloosa Vending Co.

> Supreme Court of Alabama · November 8, 1985 · 480 So. 2d 1224

URL: https://www.frixlaw.com/law-library/cases/7546476

## Case

- **Full name:** Ex parte TUSCALOOSA VENDING COMPANY, INC. (Re: TUSCALOOSA COUNTY SPECIAL TAX BOARD v. TUSCALOOSA VENDING COMPANY, INC.)
- **Court:** Supreme Court of Alabama
- **Decided:** November 8, 1985
- **Citations:** 480 So. 2d 1224; 1985 Ala. LEXIS 4206
- **Precedential status:** Published
- **Opinion:** Concurrence by Torbert
- **Judges:** Torbert, Maddox, Faulkner, Almon, Shores, Beat-Ty, Houston, Jones, Adams
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7546476

## Opinion text

TORBERT, Chief Justice
(concurring specially).
I agree that the writ should be quashed. I agree because the petitioner was required to file a cost bond in order to appeal, Code 1975, § 40-2-22, which it did not do. Petitioner’s contention that the paying of the filing fee satisfied the requirement of filing a cost bond fails because, while the filing fee is certainly part of the cost of litigation, it is not necessarily all of the cost. Therefore, the paying of the filing fee is not the functional equivalent of filing a cost bond.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7546476. Public record. Not legal advice.