Clyde O’Neal “Tres” Westbrook, III has focused his practice on commercial civil litigation at the trial and appellate level. He has represented businesses and individuals in state and federal courts throughout the country.
Tres earned his law degree, summa cum laude, from Samford University’s Cumberland School of Law. At Cumberland, Tres was honored with several book awards and graduated first in his class. As a first year student, he authored a case note that was selected for publication in the Cumberland Law Review. He was selected as a Cordell Hull Teaching Fellow and served as Research Editor on the Cumberland Law Review Editorial Board. Tres was admitted into the Phi Kappa Phi honor society and inducted into Cumberland’s leadership and honor society, Curia Honoris.
Tres worked with Harris & Harris, LLP for more than twenty years prior to joining Watkins Eager as counsel. He has represented commercial developers and property owners, contractors, borrowers, lenders, tenants, landlords, product manufacturers, insurance companies, executors, personal representatives, fiduciaries, and numerous other businesses, large and small, and individuals. Tres has been responsible for drafting motions and briefs submitted to state and federal trial and appellate courts at all levels, and position statements submitted to legislative bodies, mediators, and arbitration panels. He has participated in bench and jury trials as well as arbitration proceedings. From time to time, Tres has been involved in transactional work such as drafting and negotiating construction contracts and commercial leases.
Representative Reported Decisions
- P&N Kissimmee I, LLC v. Regions Bank, 168 So. 3d 48 (Ala. Civ. App. 2014). Represented a commercial borrower and guarantor against a bank on claims related to a right of first refusal agreement. Obtained a reversal of summary judgment in favor of the bank.
- Ex parte AIG Baker Orange Beach Wharf, L.L.C., 49 So. 3d 1198 (Ala. 2010). Represented a commercial landlord in a lease dispute. The trial court denied the landlord’s motion to strike the tenant’s jury demand. Obtained a writ of mandamus directing the trial court to vacate its order and grant the landlord’s motion to strike the jury demand.
- Be-Jeweled, L.L.C. v. AIG Baker Orange Beach Wharf, L.L.C., 12 So. 3d 1204 (Ala. 2009). Represented a commercial landlord and developer in a lease dispute. The trial court ordered a transfer of the case on the basis of forum non conveniens. Obtained a writ of mandamus directing the trial court to vacate its order transferring the action.
Honors & Recognitions
- Phi Kappa Phi
- Curia Honoris
- Cordell Hall Teaching Fellow
- Research Editor, Cumberland Law Review, 1994 – 95
Community & Professional
- Birmingham Bar Association
- Alabama Bar Association
- Alternative Dispute Resolution
- Banking and Financial Institutions
- Estate Planning and Administration
- Product Liability
- Real Estate
Juris Doctor: Cumberland School of Law, summa cum laude, 1995
Bachelor's Degree: Auburn University at Montgomery, 1988
- Alabama State bar
- United States District Courts for the Northern, Middle, and Southern Districts of Alabama
- United States Court of Appeals for the Eleventh Circuit
- Supreme Court of the United States