ELECTRONICALLY FILED 10/21/2013 8:21 PM 38-CV-2013-900674.00 CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA CARLA H.

WOODALL, CLERK

IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA

MARCELLA WEST, Plaintiff, v. F. MITCH MCNAB, McNAB & ARMSTRONG, P.C., Defendants.

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Case No. ____________ JURY TRIAL DEMANDED

COMPLAINT This is an action for compensatory and punitive damages arising from a breach of care owed by an attorney to his client pursuant to the Alabama Legal Services Act. In support of her Complaint, the Plaintiff states as follows:

PARTIES 1. Plaintiff Marcella West is an individual residing in Houston

County, Alabama. 2. Defendant F. Mitch McNab (Mr. McNab) is an attorney

licenced to practice law in the State of Alabama. Mr. McNab resides in Houston County, Alabama.

3.

Defendant F. Mitch McNab specializes in corporate law,

estate planning and tax. 4. Defendant McNab & Armstrong is a law firm with an office

located at 200 Parkwest Circle, Suite 2, Dothan, Alabama, 36303. Upon information and belief, McNab & Armstrong is a professional corporation.

FACTUAL BACKGROUND 5. in 2010. 6. During the latter part of 2010 and the beginning of 2011, Mr. Mr. McNab began his legal representation of Marcella West

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 to

Marcella West that the proceeds from the sale could be held in an escrow account maintained by him for a period of one year to avoid any taxes that would be due the IRS on the sale. 9. Following that conversation, Marcella West the next day

endorsed the check in the amount of $275,000.00, delivered the check to Mr. 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 discussed

with Mr. McNab her plans for retirement as it related to her savings and security. 11. At that time, Mr. McNab advised Marcella West that he could

assist her by placing her money in an account where she would earn 34% interest on her money. He further informed her that she could have total 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 account

number 4803248, BankSouth, Dothan, Alabama. 14. In October 2012, Marcella West complained to Mr. McNab

that she was receiving no interest from the money that she had given him. 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

the amount of $260,147.89. 18. This check was endorsed by Marcella West, handed to Mr.

McNab and deposited by Mr. McNab or someone under his direction into account number 062105529, BankSouth, Dothan, Alabama. 19. A check in the amount of $2,155.03 was issued to Marcella

West by Mr. McNab for November 2012 and a check in the amount of $2803.18 for December, 2012. 20. On January 15, 2013, Marcella West wrote 2 checks to

McNabb & Armstrong, one in the amount of $50,000.00 and the other in the amount of $150,000.00. 21. Both checks were deposited by Mr. McNab or someone at

his direction in account number 062105529, BankSouth, Dothan, Alabama. 22. Monthly purported interest checks continued to be made by

Mr. McNab. Further, accountings were made to Marcella West on the letterhead of McNab & Armstrong, Attorneys at Law. 22. In July of 2013, Marcella West made demand on Mr. McNab

for the return of all of her money. 23. In response, Mr. McNab indicated he would return her

money but after several weeks and no money Marcella West grew concerned that something must be wrong.

ALABAMA LEGAL SERVICES LIABILITY ACT

24.

The Plaintiff realleges the facts and allegations set forth in

paragraphs 1 through 23 above. 25. Mr. McNab and the law firm of McNab & Armstrong are

legal service providers. 26. Mr. McNab willingly deceived the Plaintiff with the intent

to induce Plaintiff to turn over her money to him. 27. Mr. McNab intentionally told the Plaintiff that her money

was safe, would earn 3-4 % interest and would be returned to her within 2-3 days of her requesting same. 28. Mr. McNab intentionally told the Plaintiff he would hold

her money ($ 275,000.00) from the first land sale in his escrow account such that she would owe no taxes to the IRS. 29. Mr. McNab knew these statements were false and knew they

were false when he made them. Plaintiff did not know that the statements were false. 30. 31. Plaintiff relied on Mr. McNabs statements. It was reasonable for Plaintiff to rely upon his statements as

Mr. McNab has been her lawyer for many years whom she trusted deeply and by giving her his assurance she continued to give him money. 32. For all of the above reasons, Mr. McNab has breached his

duty of care which he owed to his client, Marcella West.

33.

As a proximate consequence of Mr. McNab and the law

firm of McNab & Armstrong actions, the Plaintiff has lost over 1.3 million dollars and suffered severe emotional distress. Therefore, the Defendants are liable for any actual damages the Plaintiff has suffered, as well as punitive damages given Mr. McNabs breach of care he owed to his client. Plaintiff demands both compensatory and punitive damages in an amount to be determined by a jury as well as costs and such other further and additional relief as the Court deems just and appropriate.

DEMAND FOR JURY TRIAL The Plaintiff demands a trial by struck jury. Dated this the 21st day of October, 2013. Respectfully Submitted.

S/ Lexa E. Dowling Lexa E. Dowling (LED007) Attorney at Law Dothan, Al 36303 334-685-4191 Email: ldowling@graceba.net

Please serve the Defendants at the addresses below F. Mitch McNab 200 Parkwest Circle, Suite 2, Dothan, Alabama, 36303. McNab & Armstrong, PC F. Mitch McNab, Registered Agent 200 Parkwest Circle, Suite 2, Dothan, Alabama, 36303.