Opinion

Waterjet Systems, Inc. v. Brown

  • 758 So. 2d 515
  • 2000 Ala. Civ. App. LEXIS 48
  • 2000 WL 27336
Court
Court of Civil Appeals of Alabama
Filed
Jan 14, 2000
Status
Published
Author
Robertson
On the bench
Robertson, Yates, Monroe, Crawley, Thompson
Cited by
0 cases
Authority
More cited than 0.7%

The opinion

After Remand from the Supreme Court and On Application for Rehearing

ROBERTSON, Presiding Judge.

The opinion of November 5, 1999, is withdrawn and the following is substituted therefor.

This court affirmed the trial court’s judgment, without an opinion. Waterjet Systems, Inc. v. Brown, 723 So.2d 116 (Ala.Civ.App.1997) (table). This court’s judgment has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Waterjet Sys., Inc., 758 So.2d 505 (Ala.1999). On remand to this court, and in compliance with the Supreme Court’s opinion, the trial court’s judgment is reversed, and the cause is remanded to the trial court for that court “(1) to hold a hearing to determine whether Brown was wrongfully enjoined and whether he suffered damage as a proximate result of being wrongfully enjoined, and (2), if the trial court finds that Brown was wrongfully enjoined and that Waterjet caused him to expend money for attorney fees in defense of Waterjet’s claims for injunctive relief, to calculate the amount of attorney fees allocable to the defense of Waterjet’s claims for injunctive relief, in a manner consistent with the guidelines” established by the Supreme Court. Ex parte Waterjet, 758 So.2d at 515 .

OPINION OF NOVEMBER 5, 1999, WITHDRAWN; OPINION SUBSTITUTED; APPLICATION OVERRULED; REVERSED AND REMANDED WITH INSTRUCTIONS.

YATES, MONROE, CRAWLEY, and THOMPSON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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