Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
West v McNabb

West v McNabb

Ratings: (0)|Views: 7,075|Likes:
Published by John S Keppy
Lawsuit of Marcella West
Lawsuit of Marcella West

More info:

Published by: John S Keppy on Nov 29, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

12/01/2013

pdf

text

original

 
 
IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMAMARCELLA WEST, ) )
 Plaintiff  
,))v.)Case No. ___________)F. MITCH MCNAB, McNAB)JURY TRIAL DEMANDED& ARMSTRONG, P.C.,))
 Defendants
.)COMPLAINTThis is an action for compensatory and punitive damagesarising from a breach of care owed by an attorney to his client pursuantto the Alabama Legal Services Act. In support of her Complaint, thePlaintiff states as follows:
PARTIES
1. Plaintiff Marcella West is an individual residing in HoustonCounty, Alabama.2. Defendant F. Mitch McNab (Mr. McNab) is an attorneylicenced to practice law in the State of Alabama. Mr. McNab resides inHouston County, Alabama.
ELECTRONICALLY FILED10/21/2013 8:21 PM38-CV-2013-900674.00CIRCUIT COURT OFHOUSTON COUNTY, ALABAMACARLA H. WOODALL, CLERK
 
3. Defendant F. Mitch McNab specializes in corporate law,estate planning and tax.4. Defendant McNab & Armstrong is a law firm with an officelocated at 200 Parkwest Circle, Suite 2, Dothan, Alabama, 36303. Uponinformation and belief, McNab & Armstrong is a professionalcorporation.
FACTUAL BACKGROUND
5. Mr. McNab began his legal representation of Marcella Westin 2010.6. During the latter part of 2010 and the beginning of 2011, Mr.McNab represented Marcella West in the sale of a certain parcel of  property located on Highway 84.7. The closing of this parcel took place on or about March of 2011, with Marcella West receiving $275,000.00 from the proceeds of the sale.8. During this period of representation, Mr. McNab suggested toMarcella West that the proceeds from the sale could be held in an escrowaccount maintained by him for a period of one year to avoid any taxesthat would be due the IRS on the sale.9. Following that conversation, Marcella West the next dayendorsed the check in the amount of $275,000.00, delivered the check toMr. McNab and obtained a receipt. To the best knowledge and belief 
 
said check was deposited in account number 4803248, BankSouth,Dothan, Alabama.10. During the month of January 2012, Marcella West discussedwith Mr. McNab her plans for retirement as it related to her savings andsecurity. 11. At that time, Mr. McNab advised Marcella West that he couldassist her by placing her money in an account where she would earn 3-4% interest on her money. He further informed her that she could havetotal access to her money with 2-3 days notice. 12. Based on those representations, on January 30, 2012,Marcella West issued Mr. McNab a check made payable to McNabb &Armstrong in the amount of $575,000.00. 13. The above referred to check was deposited in accountnumber 4803248, BankSouth, Dothan, Alabama.14. In October 2012, Marcella West complained to Mr. McNabthat she was receiving no interest from the money that she had givenhim. 15. Shortly thereafter, Mr. McNab issued Marcella West a check in the amount of $ 2,226.86, as October interest. 16. In November of 2012, another parcel of land was sold for which Mr. McNab represented Marcella West.17. On November 14, 2012, the closing firm of Johnston,Hinesley, Flowers, Clenney & Turner issued Marcella West a check in

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->