Supreme Court of Alabama Decisions 2011

Dabbieri v. City Boy's Tire & Brake, Inc.  
Date: December 30, 2011
Docket Number: 1100205

Justia Opinion Summary: Plaintiff Claudia Dabbieri filed a complaint at the Perry County circuit court naming Donald Wease, Alabama Cable and Fiber Repair, PDQ CATV, Inc., City Boy's Tire and Brake, Inc. (CBT), Continental Tire the Americas, LL...

Albert Linch Jordan v. Alabama State Bar Association
Date: December 16, 2011
Docket Number: 1091747
Coughlin v. Hale  
Date: December 16, 2011
Docket Number: 1100333

Justia Opinion Summary: Harry and Bettye Coughlin appealed a circuit court's judgment dismissing Sheriff Mike Hale from an action they filed against him and several others. In 2008, the Coughlins sued Hale, among others, seeking money damages f...

Oak Grove Resources, LLC v. White  
Date: December 16, 2011
Docket Number: 1100525

Justia Opinion Summary: Oak Grove Resources, LLC, and Cliffs North American Coal, LLC (Oak Grove) appealed a trial court's order in favor of class Plaintiffs finding that Oak Grove failed to satisfy the requirements of a settlement agreement be...

Bradberry v. Carrier Corp.  
Date: December 16, 2011
Docket Number: 1100994

Justia Opinion Summary: Betty Bradberry and Inez T. Jones, as the "personal representatives of the heirs-at-law and/or wrongful death beneficiaries of" the decedents, Roland E. Bradberry and George D. Jones, respectively (Plaintiffs), appealed...

Univ. of So. Alabama Med. Ctr. v. Mobile Infirmary Association  
Date: December 9, 2011
Docket Number: 1091560

Justia Opinion Summary: The University of South Alabama Medical Center and the University of South Alabama Children's and Women's Hospital appealed the grant of summary judgment in favor of Mobile County. The County filed a complaint seeking a...

Alabama vs. Jones  
Date: December 9, 2011
Docket Number: 1101129

Justia Opinion Summary: The State of Alabama petitioned the Supreme Court for a writ of mandamus to direct the Court of Criminal Appeals to vacate its order that granted a mandamus petition filed by Jeremy B. Jones, and that directed Mobile Cir...

Washington v. Limerick  
Date: December 9, 2011
Docket Number: 1101201

Justia Opinion Summary: The Supreme Court addressed the validity of a circuit court order that granted Pamela and Robert Washington a new trial. In an earlier action, the Supreme Court issued a writ of mandamus on petition of John Limerick, whi...

Jackson v. City of Cordova  
Date: December 9, 2011
Docket Number: 1101327

Justia Opinion Summary: Randy Fielding petitioned the Supreme Court for a writ of mandamus to direct the Walker Circuit Court to vacate its order denying his motion for summary judgment and to enter a summary judgment based on his claim to Stat...

GE Capital Aviation Services, LLC v. Pemco World Air Services, Inc.  
Date: December 2, 2011
Docket Number: 1090350

Justia Opinion Summary: GE Capital Aviation Services, Inc., (now known as GE Capital Aviation Services, LLC), Pemco World Air Services, Inc., and Alabama Aircraft Industries, Inc. have fiercely litigated a commercial-contract dispute since 2004...

Cornelius v. Browning  
Date: December 2, 2011
Docket Number: 1091378

Justia Opinion Summary: Plaintiffs Ronald Browning and Susan Browning, Bubba Beck and Debbie Beck, Allen Caprara and Pam Caprara, Bobby Fayet and Cindy Fayet, David Kennamer and Brad Kennamer, Steve Russell and Melinda Russell, and Gary Strickl...

T-Mobile South, LLC v. Bonet  
Date: December 2, 2011
Docket Number: 1100107

Justia Opinion Summary: This appeal arose from a dispute between the Alabama Commercial Mobile Radio Services ("CMRS") Board (CMRS Board) and T-Mobile South, LLC and PowerTel Memphis, Inc. (collectively, T-Mobile) two providers of wireless tele...

Travelers Indemnity Company of Connecticut v. Miller  
Date: December 2, 2011
Docket Number: 1100619

Justia Opinion Summary: The Travelers Indemnity Company of Connecticut appealed a judgment in which it was ordered to pay $251,913.91 to Willie A. Miller. Smith House Movers, Inc. (Smith), was hired was hired to move houses located in the path...

Roberts v. Hanceville Water Works & Sewer Board  
Date: December 2, 2011
Docket Number: 1101127

Justia Opinion Summary: Novus Utilities, Inc. sought a writ of mandamus from the Supreme Court to direct the Cullman Circuit Court to dismiss negligence and private-nuisance claims against it as time-barred. Eleven property owners residing in C...

M. L. H. v. Alabama  
Date: December 2, 2011
Docket Number: 1101398

Justia Opinion Summary: The issue before the Supreme Court pertained to the admissibility into evidence a child witness's prior inconsistent out-of-court statements. The Court granted certiorari to address this as an issue of first impression:...

Springhill Hospitals, Inc. v. Critopoulos  
Date: November 18, 2011
Docket Number: 1090946

Justia Opinion Summary: Defendants Springhill Hospitals, Inc., Dennis Rushing, Ashley Flemming and Janel Ostriehmerer appealed a judgment entered in favor of Plaintiff Dimitrios Critopoulos. Plaintiff was admitted to the hospital for a heart ca...

National Security Fire & Casualty Company v. Maurice DeWitt  
Date: November 18, 2011
Docket Number: 1091225

Justia Opinion Summary: Defendant National Security Fire & Casualty Company appealed a circuit court order that certified a class for a class action lawsuit. Plaintiff Maurice DeWitt's mobile home was damaged by Hurricane Katrina, and at the ti...

Mitchell v. Alabama  
Date: November 18, 2011
Docket Number: 1100363

Justia Opinion Summary: Defendant Brandon Mitchell was convicted on four counts of capital murder for killing three people during the course of a robbery at a hotel. The jury recommended that Defendant be sentenced to life in prison without the...

Dzwonkowski v. Sonitrol of Mobile, Inc.  
Date: November 18, 2011
Docket Number: 1100929

Justia Opinion Summary: This appeal was the latest "in a decade-long dispute" between Joseph Dzwonkowski, Sr. (Joe Sr.) and two of his sons, Robert and Joseph Jr. (Joe Jr.) regarding the ownership and control of Sonitrol of Mobile, Inc., a clos...

Patton v. Hampton Insurance Agency  
Date: November 18, 2011
Docket Numbers: 1101211, 1101226

Justia Opinion Summary: In separate petitions, the Hampton Insurance Agency and Ginger Spencer, Acceptance Indemnity Insurance Company and Ashland General Agency all defendants in an action filed by Mary Alice Patton, d/b/a Hole in the Wall Lou...

Stephens v. Fines Recycling, Inc.  
Date: November 10, 2011
Docket Number: 1091111

Justia Opinion Summary: Defendants/Counterclaim Plaintiffs Charles Stephens and Stephens Properties, Inc. appealed a judgment entered on a jury verdict in favor of Fines Recycling, Inc. and its shareholders on claims stemming from a dispute ove...

Sutley v. Alabama Dept. of Pub. Safety  
Date: November 4, 2011
Docket Number: 1100970

Justia Opinion Summary: Petitioner Andrew Sutley petitioned the Supreme Court for a writ of mandamus to direct the Court of Civil Appeals to quash a May 2011 writ. In its opinion, the appellate court directed the Montgomery Circuit Court to vac...

T. D. M. v. Alabama  
Date: October 28, 2011
Docket Number: 1091645

Justia Opinion Summary: Defendant T.D.M. was convicted on one count of first degree sexual abuse and one count of first degree sodomy. At the end of Defendant's trial, the jury first returned verdicts of guilty and not guilty, respectively. The...

Lamb v. Alabama  
Date: October 28, 2011
Docket Number: 1091668

Justia Opinion Summary: Defendant James Beauford Lamb, Jr. appealed the Court of Criminal Appeals' affirmance of his 2004 conviction for first-degree sexual abuse. The issue on appeal was whether the trial court erred in entering a judgment bas...

Employers Mutual Casualty Company v. Holman Building Co., LLC et al.  
Date: October 28, 2011
Docket Number: 1100106

Justia Opinion Summary: Employers Mutual Casualty Company (Employers Mutual) appealed a circuit court's denial of its motion to intervene in a pending case. Holman Building Company was sued by multiple homeowners who claimed their homes were po...

Howard v. Alabama  
Date: October 21, 2011
Docket Number: 1090763

Justia Opinion Summary: The State petitioned the Supreme Court for a writ of certiorari to review the Court of Criminal Appeals' decision to reverse Sean Travis Howard's criminal conviction based on the trial court's failure to charge the jury...

Aurora Healthcare, Inc. v. Ramsey  
Date: October 21, 2011
Docket Number: 1091561

Justia Opinion Summary: Aurora Healthcare, Inc., Aurora Cares, LLC, (d/b/a Tara Cares) and Birmingham Nursing and Rehabilitation Center East, LLC appealed a circuit court order that denied their motion to compel arbitration. Mary Pettway, then...

Lawson v. Harris Culinary Enterprises, LLC  
Date: October 21, 2011
Docket Number: 1091751

Justia Opinion Summary: Defendant Mitzi Lawson appealed a judgment in favor of Plaintiffs Harris Culinary Enterprises, LLC (HCE), John C. Harris III (Clinton), and John C. Harris, Jr. (John), (collectively "the Harrises"), on their fraud claims...

Town & Country Property, L.L.C.v. Amerisure Ins. Co.  
Date: October 21, 2011
Docket Number: 1100009

Justia Opinion Summary: Town & Country Property, L.L.C., and Town & Country Ford, L.L.C. (T&C), sued Amerisure Insurance Company and Amerisure Mutual Insurance Company (Amerisure) and its insured, Jones-Williams Construction Company, Inc., alle...

Colbert Cty. Bd. of Edu. v. James  
Date: October 21, 2011
Docket Number: 1100181

Justia Opinion Summary: Defendants the Colbert County Board of Education ("the Board"); and the individual members of the Board and members of the Colbert County High School appealed a trial court's judgment that granted Plaintiff Felecia James...

Stewart Title Guaranty Company v. Shelby Realty Holdings, L.L.C.  
Date: October 14, 2011
Docket Number: 1100215

Justia Opinion Summary: The United States District Court for the Northern District of Alabama, Southern Division sent a certified question to the Supreme Court. While the Court initially accepted the certified question; however upon review, the...

Smith's Sports Cycles, Inc. v. American Suzuki Motor Corporation  
Date: October 14, 2011
Docket Number: 1100400

Justia Opinion Summary: Smith's Sports Cycles, Inc. appealed the outcome of a nonjury trial that held in favor of American Suzuki Motor Corporation. Smith's claimed that Suzuki wrongfully terminated the parties' franchise agreement. The trial c...

Atchison v. IPC Industries, Inc.  
Date: October 14, 2011
Docket Number: 1100764

Justia Opinion Summary: McNeese Title, LLC, a Florida limited liability company owned and operated by Richard McNeese, and Richard McNeese and Peggy Owens petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate...

Brakefield v. Alabama Dept. of Human Resources  
Date: October 14, 2011
Docket Number: 1101198

Justia Opinion Summary: In May 2008, seven-year-old Jordan Alexander Robertson was placed in foster care at the home of Verlin Spurgeon and Carol Spurgeon. In June 2008, Jordan drowned in the Spurgeons' swimming pool. James Brakefield, as admin...

Jakeman v. Lawrence Group Management Company, LLC  
Date: October 7, 2011
Docket Number: 1100290

Justia Opinion Summary: Plaintiff Kenneth Jakeman appealed a trial court's dismissal of his claims against Defendants Alderwoods, Inc., Lawrence Group Management Company, LLC, Montgomery Memorial Cemetery, Inc. and Judy Jones. Plaintiff's fathe...

Tarvin v. Dishman  
Date: October 7, 2011
Docket Number: 1101315

Justia Opinion Summary: The Boaz City Board of Education ("the Board") and its members Alan Perry, Fran Milwee, Roger Adams, Alan Davis, and Tony G. King (collectively "the Board members") petitioned the Supreme Court for a writ of mandamus to...

Jarrett v. Alabama  
Date: September 30, 2011
Docket Number: 1090919

Justia Opinion Summary: Melvin Jarrett petitioned the Supreme Court for a writ of certiorari to review the Court of Criminal Appeals' unpublished memorandum affirming the circuit court's denial of his petition for postconviction relief. Jarrett...

Hood v. McElroy  
Date: September 30, 2011
Docket Number: 1091075

Justia Opinion Summary: Defendant Jo Ann Hood appealed a trial court's order that granted a motion for a new trial filed by Plaintiff Elizabeth McElroy as personal representative of the estate of Austin Taylor Terry (the estate). The mother of...

Sycamore Management Group, LLC v. Coosa Cable Company, Inc.  
Date: September 30, 2011
Docket Number: 1091505

Justia Opinion Summary: Coosa Cable Company, Inc. (Coosa Cable), sued Sycamore Management Group, LLC (Sycamore), and DirecPath, LLC (DirecPath). Coosa Cable sought and obtained both a temporary restraining order (TRO) and a preliminary injuncti...

Alabama Psychiatric Services, P.C. v. 412 South Court Street, LLC.  
Date: September 30, 2011
Docket Number: 1100023

Justia Opinion Summary: Alabama Psychiatric Services, P.C. (APS) appealed a grant of summary judgment by the circuit court in favor of 412 South Court Street, LLC (Court Street). SRS Group, LLC, owned by Eugene Sak, began substantial renovation...

Turquoise Properties Gulf, Inc. v. Overmyer  
Date: September 30, 2011
Docket Number: 1100160

Justia Opinion Summary: Turquoise Properties Gulf, Inc. (Turquoise) appealed a circuit court judgment that denied its motion to alter, amend or vacate an arbitration award in an action filed by Clark A. Cooper, David L. Faulkner, Jr., and Hugh...

Capmark Bank v. RGR, LLC  
Date: September 30, 2011
Docket Number: 1100318

Justia Opinion Summary: Capmark Bank appealed a preliminary injunction entered in favor of RGR, LLC; MB Park, LLC; TTM MB Park, LLC; Robert G. Randall; and T. Todd Martin III (referred to collectively as "RGR") which enjoined Capmark from forec...

Anderson v. Tate & Lyle PLC  
Date: September 30, 2011
Docket Number: 1100404

Justia Opinion Summary: Tate & Lyle Sucralose, Inc. (TLS) petitioned the Supreme Court for a writ of mandamus to direct the Washington Circuit Court to vacate its December 1, 2010 order denying its motion to dismiss, and to enter an order dismi...

Allsopp v. Bolding  
Date: September 30, 2011
Docket Number: 1100432

Justia Opinion Summary: Timothy C. Allsopp appealed a trial court's denial of his motion for relief from a judgment entered in favor of James and Kisha Bolding. The Boldings sued Naysa Realty and Investments, LLC, Deleana Davis, Keller-Williams...

Vandenberg v. Aramark Educational Services, Inc.  
Date: September 30, 2011
Docket Number: 1100557

Justia Opinion Summary: Students and former students of the University of Alabama, Auburn University, and the University of Alabama at Birmingham, filed three separate class-action lawsuits in the Jefferson Circuit Court challenging the legalit...

American Suzuki Motor Corp. v. Burns  
Date: September 23, 2011
Docket Number: 1081605

Justia Opinion Summary: American Suzuki Motor Corporation petitioned the Supreme Court for a writ of mandamus to direct the circuit court to grant its motion to dismiss the claims filed against it by John Burns and Jill S. Hearn. Plaintiffs sue...

Lafarge North America, Inc. v. Nord  
Date: September 23, 2011
Docket Number: 1090620

Justia Opinion Summary: Defendants Lafarge North America, Inc. and Wayne Looney appealed a jury verdict in favor of Plaintinff Lawrence Nord. Plaintiff's claims arose from a personal injury he sustained at Lafarge's cement packhouse. Various fo...

Hayes v. Henley  
Date: September 23, 2011
Docket Number: 1100636

Justia Opinion Summary: Reginald Hayes appealed the circuit court's dismissal of his action against Jo Ann Henley both individually and in her capacity as the personal representative of the estate of her deceased husband Earl Hoyt Henley (Hoyt)...

In re: Ivey v. Lewis Trucking Co.  
Date: September 23, 2011
Docket Number: 1100884

Justia Opinion Summary: Getloaded Corporation, TransCore, and Roper Industries, Inc. (collectively, Getloaded), and American Timber & Steel Company, Inc. (ATSC), petitioned the Supreme Court for writs of mandamus to direct the Montgomery Circui...

Duncan v. Madison Square Associates, Ltd.  
Date: September 16, 2011
Docket Number: 1100245

Justia Opinion Summary: Stenum Hospital, Sue Hart, James Rider, Malte Peterson, Dr. Jens Dannenberg, Dr. Karl Ritter-Lang, Dr. Heiner Beese, and Dr. Hans-Georg Zechel, third-party defendants in an action pending in the Madison Circuit Court (co...

Thomas v. Sloan Homes, LLC  
Date: September 16, 2011
Docket Number: 1100395

Justia Opinion Summary: Sammy Thomas and Pam Thomas appealed the Blount Circuit Court's order granting a motion to compel arbitration filed by Sloan Homes, LLC ("Sloan Homes"), David Sloan, and Teresa Sloan in the Thomases' action alleging brea...

Robert S. Grant Construction, Inc. v. Frontier Bank  
Date: September 16, 2011
Docket Number: 1100565

Justia Opinion Summary: Robert S. Grant Construction, Inc. (the corporation), Robert S. Grant (RSG), and Pam E. Grant (PEG) (collectively referred to as "the Grants") appealed an order striking their jury demands in an action commenced by Front...

Jemison v. Donaldson  
Date: September 16, 2011
Docket Number: 1100768

Justia Opinion Summary: Dallas County Sheriff Harris Huffman, Jr., and Deputy Sheriff Ernest Larry Donaldson petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate its order denying their motion to dismiss a c...

Griffin v. Bentley  
Date: September 16, 2011
Docket Number: 1101031

Justia Opinion Summary: Ashley Rich, district attorney of Mobile County, and the State filed separate petitions for a writ of mandamus directed to the Montgomery Circuit Court in an inverse-condemnation action filed by Jesse Griffin and others....

Perdue v. Callan Associates, Inc.  
Date: September 9, 2011
Docket Number: 1081683

Justia Opinion Summary: Callan Associates petitioned the Supreme Court for the writ of mandamus to direct the Montgomery Circuit Court to dismiss an action filed by Carol Perdue in her role as the legal guardian of Anna Perdue, who sued on beha...

Mack v. Carmack  
Date: September 9, 2011
Docket Number: 1091040

Justia Opinion Summary: April Mack, mother of "Baby Mack" appealed the grant of summary judgment in her action against Thomas Carmack and Matthew Taul for the wrongful death of her unborn child. In 2007, Mack and her fiancee Reginald Thomas (fa...

Arlington Properties, Inc. v. Brown  
Date: September 9, 2011
Docket Number: 1091367

Justia Opinion Summary: Cantrell Brown appealed the grant of the writ of mandamus by the Court of Civil Appeals to Arlington Properties, Inc. Arlington filed an unlawful detainer claim against Brown in district court in 2009. After a trial, the...

Reed v. Regions Bank  
Date: September 9, 2011
Docket Number: 1100714

Justia Opinion Summary: Jean W. Reed, Mary W. Haynes, and Susan W. Stockham ("the sisters") sued Regions Bank ("Regions"), Morgan Asset Management, Inc. ("MAM"), Morgan Keegan & Company, Inc. ("Morgan Keegan"), and Regions Financial Corporation...

Don Drennen Motor Co.,Inc. v. William B. McClung  
Date: September 9, 2011
Docket Number: 1100734

Justia Opinion Summary: Don Drennen Motor Co., Inc. ("Drennen"), an automobile dealership, appealed a Jefferson Circuit Court order requiring it to pay the costs of arbitration stemming from an action filed by one of Drennen's former employees...

Hodges v. Alabama  
Date: August 26, 2011
Docket Number: 1100112

Justia Opinion Summary: Defendant Melvin Gene Hodges petitioned the Supreme Court for a writ of certiorari, which was granted for the limited purpose of determining whether the Court of Criminal Appeals' judgment insofar as it affirmed the tria...

Crestview Memorial Funeral Home, Inc. v. Gilmer  
Date: August 26, 2011
Docket Number: 1100235

Justia Opinion Summary: Faye Gilmer sued Crestview Memorial Funeral Home, Inc. ("Crestview"), Garland Jones, Barry Taul, and Mary Caldwell, alleging claims related to services Crestview had provided with regard to the funeral of Mrs. Gilmer's h...

Lane v. Alabama  
Date: August 19, 2011
Docket Number: 1091045

Justia Opinion Summary: The Supreme Court granted the State's petition for a writ of certiorari to address whether an indigent defendant, who has no right to initially choose a particular court-appointed attorney, had a right to continued repre...

27001 Partnership v. Kohlberg Kravis Roberts & Co., L.P.  
Date: August 19, 2011
Docket Number: 1091191

Justia Opinion Summary: Defendants Kohlberg Kravis Roberts & Company, L.P. (KKR), KKR Associates, KKR Partners II, and Crimson Associates, L.P., as well as several individuals, petitioned the Supreme Court for the writ of mandamus to direct a c...

Capitol Container, Inc. v. Alabama Power Co.  
Date: August 19, 2011
Docket Number: 1091421

Justia Opinion Summary: Defendant Alabama Power Company filed a petition for the writ of mandamus to ask the Supreme Court to direct the trial court to dismiss Plaintiff Capitol Container, Inc.'s claims against it for lack of subject-matter jur...

Elliott v. International Paper Co., Inc.  
Date: August 19, 2011
Docket Number: 1100479

Justia Opinion Summary: Plaintiff Jerry Elliott sought workers' compensation benefits from his employer, International Paper Company, Inc. (IP). He petitioned the Supreme Court for a writ of mandamus to quash a Court of Civil Appeals' writ of m...

Indust. Develop. Bd. of the City of Montgomery v. Russell  
Date: August 12, 2011
Docket Number: 1091215

Justia Opinion Summary: The Industrial Development Board of the City of Montgomery (IDB) appealed a circuit court's interlocutory order that denied its motion for summary judgment as to a breach-of-contract claim asserted against it by George a...

RCH IV-WB, LLC v. Wolf Bay Partners, L.L.C., et al.  
Date: August 12, 2011
Docket Number: 1091233

Justia Opinion Summary: RCH IV-WB, LLC (RCH) appealed a circuit court's order that set aside its mortgage foreclosure sale. At a bench trial, RCH offered as evidence a copy of a document allegedly assigning the mortgage at issue from Wachovia B...

MPQ, Inc. v. Birmingham Realty Co.  
Date: August 12, 2011
Docket Number: 1091582

Justia Opinion Summary: Two appeals between MPQ, Inc. (d/b/a Freedom Enterprises) and Birmingham Realty Company were consolidated by the Supreme Court for the purposes of this opinion. The parties entered into a commercial lease agreement. Birm...

Branson Machinery, LLC v. Hilltop Tractor, LLC  
Date: August 12, 2011
Docket Number: 1100173

Justia Opinion Summary: Branson Machinery, LLC appealed a circuit court's decision that set aside a default judgment granted in its favor against Hilltop Tractor, LLC and Jeffrey Williams. According to Branson, Hilltop owed it money for equipme...

Tellabs Operations, Inc. v. City of Bessemer  
Date: August 12, 2011
Docket Number: 1100393

Justia Opinion Summary: Tellabs Operations, Inc. appealed an administrative agency's decision in its taxpayer's refund action from the circuit court. Tellabs unsuccessfully petitioned for a refund of allegedly overpaid sales taxes to the City...

Paradise v. Highlands Medical Ctr.  
Date: August 12, 2011
Docket Number: 1100726

Justia Opinion Summary: Appellee Younus Ismail, M.D. appealed a trial court's denial of his motion for summary judgment pertaining to claims made by Appellants Randy and Joy Paradise. Mr. Paradise was treated in the emergency room of Highlands...

EB Investments, L.L.C. v. Pavilion Development, L.L.C.  
Date: August 5, 2011
Docket Number: 1091666

Justia Opinion Summary: EB Investments, LLC and Pavilion Development, LLC filed separate appeals to challenge elements of a circuit court order holding that Pavilion was entitled to redeem certain property in Madison County in which EB Investme...

Matador Holdings, Inc. v. HoPo Realty Investments, LLC  
Date: August 5, 2011
Docket Number: 1091700

Justia Opinion Summary: Matador Holdings, Inc. and HoPo Realty Investments, LLC filed separate appeals to challenge elements of a circuit court's order involving commercial property owned by Matador. Matador sued HoPo for payment for materials...

Black Warrior Minerals, Inc. v. Fay  
Date: August 5, 2011
Docket Number: 1100627

Justia Opinion Summary: Black Warrior Minerals, Inc. sued Empire Coal Sales, Inc. and John Fay, Jr. Black Warrior sought money allegedly owed pursuant to a coal-purchase agreement between Black Warrior and Empire and a personal guaranty execute...

Sirote v. Compass Bank  
Date: August 5, 2011
Docket Number: 1100870

Justia Opinion Summary: Appellee Compass Bank and Amy Hovis petitioned the Supreme Court for a writ of mandamus to direct a circuit court to dismiss an action filed in that court filed by Appellant Jerome Sirote based on Alabama's abatement sta...

T. C. v. C. E.  
Date: July 29, 2011
Docket Number: 1090624

Justia Opinion Summary: C.E. (Mother) appealed the reversal of a Juvenile Court judgment originally in her favor. This case arose from T.C.'s (Father) proposal to relocate the parties' two minor children to New York State. In 2006, the Juvenile...

Landrum v. Delta International Machinery Corp.  
Date: July 29, 2011
Docket Number: 1091049

Justia Opinion Summary: Petitioner Delta International Machinery Corporation (Delta) sought a writ of mandamus to direct the circuit court to vacate an order that granted Respondent Brandon Landrum access to "certain technology" in its control....

Altrust Financial Services, Inc. v. Adams  
Date: July 29, 2011
Docket Number: 1091610

Justia Opinion Summary: Plaintiffs James Adams, Stanley Dye and Ed Holcombe were all shareholders in Altrust Financial Services, Inc. They sued Altrust, the Peoples Bank of Alabama (collectively, Altrust) and Dixon Hughes, LLC, Altrust's public...

Garrison Steel Fabricators, Inc. v. No. 1 Steel Products, Inc.  
Date: July 29, 2011
Docket Number: 1091781

Justia Opinion Summary: In 2007, Massachusetts Defendant No. 1 Steel Products, Inc. (No. 1 Steel) was a subcontractor on a construction project at a health rehabilitation center in Massachusetts (Cape Regency project). While working on the proj...

In re: A. S. and C. S.  
Date: July 22, 2011
Docket Number: 1091156

Justia Opinion Summary: A.S. and C.S., adoptive parents of a minor child, appealed an appellate court's order that affirmed visitation to the child's paternal grandparents without an opinion. A.S. and C.S. argued to the Supreme Court that the n...

Alabama Title Loans, Inc. v. White  
Date: July 15, 2011
Docket Number: 1091642

Justia Opinion Summary: Alabama Title Loans, Inc., Accurate Adjustments, LLC and Kevin Sanders all appealed a trial court order that denied their motions to compel arbitration filed against them by Plaintiff Kimberly White. In 2009, Ms. White b...

First Union National Bank of Florida v. Lee County Commission  
Date: June 30, 2011
Docket Number: 1090804

Justia Opinion Summary: First Union National Bank of Florida (First Union) appealed a judgment in favor of the Lee County Commission (Commission) and Philip Summers. Mr. Summers executed a mortgage on property he owned within the County on whic...

Jerkins v. Lincoln Electric Company  
Date: June 30, 2011
Docket Number: 1091533

Justia Opinion Summary: The United States Judicial Panel on Multi-District Litigation consolidated approximately 1800 cases involving claims that sought damages for personal injuries allegedly caused by exposure to welding fumes. Several dozen...

Brown v. Alabama  
Date: June 30, 2011
Docket Number: 1091767

Justia Opinion Summary: Defendant Wakilii Brown was convicted on three counts of capital murder. The jury returned a death sentence. On appeal, the Court of Criminal Appeals affirmed Defendant’s convictions and sentence. On appeal, Defendant ch...

Scannelly v. Toxey  
Date: June 30, 2011
Docket Number: 1100226

Justia Opinion Summary: Petitioner Beverly Scannelly petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate all orders it entered after she filed a notice of dismissal. Furthermore, Petitioner sought a writ of...

Downey v. Travelers Property Casualty Insurance Co.  
Date: June 30, 2011
Docket Number: 1100272

Justia Opinion Summary: The Federal District Court for the Northern District of Alabama certified a question to the State Supreme Court. The Court was asked whether the failure of an insured to give notice of a proposed settlement to an insuran...

Alabama v. Byrd  
Date: June 30, 2011
Docket Number: 1100600

Justia Opinion Summary: A circuit court judge petitioned the Supreme Court for a writ of mandamus to direct the Court of Criminal Appeals to quash a writ of mandamus it issued to the circuit court through an unpublished order. Kevin Byrd pled g...

Reck v. Alabama  
Date: June 30, 2011
Docket Number: 1100640

Justia Opinion Summary: In this case, the issue before the Supreme Court was whether sufficient evidence on the element of "serious bodily injury" for the purposes of a first-degree assault offense could be established by the testimony of a lay...

Saulsberry v. Thomasville Feed & Seed, Inc.  
Date: June 30, 2011
Docket Number: 1100695

Justia Opinion Summary: Thomasville Feed & Seed, Inc. (Thomasville Feed) petitioned the Supreme Court for a writ of mandamus to direct the Wilcox County Circuit court to transfer the action filed against it by Roy Saulsberry and Roy Saulsberry,...

Branded Trailer Sales, Inc. v. Universal Truckload Services, Inc.  
Date: June 24, 2011
Docket Number: 1090356

Justia Opinion Summary: Plaintiff Branded Trailer Sales, Inc. (Branded) appealed a circuit court judgment that dismissed its case against Universal Truckload Services for lack of personal jurisdiction. A customer contacted Branded about having...

Loachapoka Water Authority, Inc. v. City of Auburn  
Date: June 24, 2011
Docket Number: 1091297

Justia Opinion Summary: The Greens at Auburn, The Greens at Auburn Land Development and the Loachapoka Water Authority (LWA) all appealed a partial summary judgment in favor of the Water Works Board of the City of Auburn (AWWB). As Auburn grew...

Shaw v. Infirmary Health System, Inc.  
Date: June 24, 2011
Docket Number: 1091490

Justia Opinion Summary: Ninety-year-old Mary Shaw was admitted to the emergency room at the Mobile Infirmary Medical Center in 2008. After surgery, she developed pressure sores while a patient at the Center. She was transferred to Defendant Inf...

Farr v. Gulf Agency  
Date: June 17, 2011
Docket Number: 1090073

Justia Opinion Summary: Petitioner Brady Farr appealed a circuit court judgment in favor of Respondents The Gulf Agency, Orange Beach Insurance Agency and Lexington Insurance Company. Mr. Farr finished renovating his house in 2003. In 2004, he...

In re: Knight v. Alabama  
Date: June 17, 2011
Docket Number: 1090540

Justia Opinion Summary: In 1993, Defendant James Knight was convicted on theft and burglary charges. He was sentenced under the state Habitual Felony Offender Act (HFOA) to life in prison for theft and to fifteen years for burglary, both senten...

Nationwide Mutual Ins. Co. v. J-Mar Machine & Pump, Inc.  
Date: June 17, 2011
Docket Number: 1090685

Justia Opinion Summary: Nationwide Mutual Insurance Company (Nationwide) appealed a trial court’s order that denied its "renewed motion for a judgment as a matter of law" in its case against J-Mar Machine & Pump. J-Mar is a repair shop that hel...

Bandy v. City of Birmingham  
Date: June 17, 2011
Docket Number: 1091412

Justia Opinion Summary: Plaintiffs Leroy Bandy and David Russell appealed a circuit court judgment in favor of the City of Birmingham. In 2009, Plaintiffs challenged the results of the City Council and Board of Education elections on the basis...

EB Investments, L.L.C. v. Pavilion Development, L.L.C.  
Date: June 17, 2011
Docket Number: 1091666

Justia Opinion Summary: EB Investments, LLC and Pavilion Development, LLC filed separate appeals to challenge an a court order that held Pavilion was entitled to redeem certain property in Madison County in which EB Investments, and multiple ot...

Ryals v. Lathan Company, Inc.  
Date: June 17, 2011
Docket Number: 1091673

Justia Opinion Summary: Petitioner Willard Ryals appealed a trial court's order enforcing a creditor's judgment against him in favor of Respondent Lathan Company, Inc. (Lathan). In 2004, Lathan sued Ryals Construction Company for breach of a co...

McClung v. Green  
Date: June 17, 2011
Docket Number: 1100218

Justia Opinion Summary: Virginia McClung appealed a circuit court judgment that reformed a deed that conveyed an interest in land to her and her brother. In 1979 Ms. McClung’s parents divorced. Their separation agreement conveyed two parcels of...

Ware v. Deutsche Bank National Trust Co.  
Date: June 17, 2011
Docket Number: 1100822

Justia Opinion Summary: Petitioner Monica Ware appealed a summary judgment in favor of Respondent Deutsche Bank National Trust Company, the trustee for HSI Asset Securitization Corporation. The Bank foreclosed on Petitioner and published notice...

In re E.H.G.  
Date: June 10, 2011
Docket Number: 1090883

Justia Opinion Summary: Grandparents, E.R.G and D.W.G., challenged the constitutionality of the state Grandparent Visitation Act. The Grandparents and E.H.G. and C.L.G (the Parents) had a very close relationship. The failure of a business share...

Roberts v. Lanier  
Date: June 10, 2011
Docket Number: 1100045

Justia Opinion Summary: Barbara Roberts sued Steve Lanier and his firm Steve Lanier, PC, and Rodney Stallings and his firm Coggin & Stallings, LLC. In 2006, Ms. Roberts was arrested on murder charges and sent to the Cherokee County jail. She co...

Ward v. Alabama  
Date: June 3, 2011
Docket Number: 1090132

Justia Opinion Summary: In 1991, Defendant Carl Ward was convicted on murder charges and sentenced to life in prison. Acting pro se, Defendant challenged his conviction to the Supreme Court, alleging that recently discovered material facts warr...

Walker v. Capstone Building Corp.  
Date: June 3, 2011
Docket Number: 1090966

Justia Opinion Summary: At issue in this case was the application of a six-year statute of limitations to a claim of "wantonness." Plaintiff William Walker filed suit against Capstone Building Corporation (Capstone) and several fictitiously nam...

Town Of Boligee v. Greene County Water & Sewer Authority  
Date: June 3, 2011
Docket Number: 1091301

Justia Opinion Summary: The Town of Boligee appealed a circuit court judgment that denied it a declaration that certain acts by the Greene County Water & Sewer Authority (the Authority) were not properly authorized. In 2008, the Town brought su...

Alice Nail v. Publix Super Markets, Inc.
Date: May 13, 2011
Docket Number: 1091740
Ginger Bailey v. Progressive Specialty Insurance Company
Date: April 29, 2011
Docket Number: 1081801
N.C. v. P.R. Caldwell
Date: April 22, 2011
Docket Number: 1081434
Clinton Hobbs and Wanda Hobbs v. Mobile County, Alabama
Date: April 22, 2011
Docket Number: 1100004
Federal Credit, Inc. v. Greg Fuller
Date: April 15, 2011
Docket Number: 1051726
Benjamin L. Little v. Gene Robinson
Date: April 8, 2011
Docket Number: 1090428
Rose Ingram v. Edward M. Van Dall
Date: April 8, 2011
Docket Number: 1091563
City of Huntsville, Alabama v. COLSA Corporation
Date: April 8, 2011
Docket Number: 1091797
Bernals, Inc., and Maria E. Adan v. Kessler-Greystone, LLC
Date: March 25, 2011
Docket Number: 1091121
Jefferson County v. Jeffrey Weissman, D.D.S., et al.
Date: March 16, 2011
Docket Number: 1100293
Delane O'Rear, M.D. v. B. H.
Date: March 11, 2011
Docket Number: 1090359
John B. Simmons, Jr. v. Mike Ball
Date: March 4, 2011
Docket Number: 1090066
Ford Motor Company v. Latoya Duckett
Date: February 11, 2011
Docket Number: 1090833
Water Works Board of the Town of Bear Creek v. Town of Bear Creek
Date: February 11, 2011
Docket Number: 1091555
The Citizenship Trust et al v. Mary Kathleen Keddie-Hill et al.
Date: January 14, 2011
Docket Number: 1090545
Alan E. Rothfeder v. Kaufman Gilpin McKenzie Thomas Weiss, P.C.
Date: January 14, 2011
Docket Number: 1090639
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