Supreme Court of Alabama Decisions 2012

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Travelers Casualty and Surety Company et al. v. Alabama Gas Corporation  
Date: December 28, 2012
Docket Number: 1110346

Justia Opinion Summary: The United States District Court for the Northern District of Alabama, Southern Division certified a question to the Alabama Supreme Court: "Under Alabama law, is a 'Potentially Responsible Party' ('PRP') letter from the...

Target Media Partners Operating Company, LLC v. Specialty Marketing Corp.  
Date: December 21, 2012
Docket Number: 1091758

Justia Opinion Summary: Target Media Partners Operating Company, LLC ("Target Media"), and Specialty Marketing Corporation d/b/a Truck Market News ("Specialty Marketing"), both publishers of magazines directed to long-haul truck drivers and to...

Wallace v. Belleview Properties Corp.  
Date: December 21, 2012
Docket Number: 1100902

Justia Opinion Summary: Dr. Stephen L. Wallace appealed the grant of summary judgment in favor of Belleview Properties Corporation, IPF/Belleview Limited Partnership ("IPF"), HR/Belleview, L.P., and Infinity Property Management Corporation ("th...

Gibbons v. Town of Vincent  
Date: December 21, 2012
Docket Number: 1110400

Justia Opinion Summary: Anne Bates Gibbons appealed a circuit court's grant of summary judgment in favor of the Town of Vincent ("the Town"), the town's planning commission, and White Rock Quarries, LLC ("White Rock") (collectively, "appellees"...

Town of Gurley v. M & N Materials, Inc.  
Date: December 21, 2012
Docket Number: 1110439

Justia Opinion Summary: In case no. 1110439, the Town of Gurley ("the Town") appealed the trial court's judgment in favor of M & N Materials, Inc. ("M & N"), on M & N's inverse-condemnation claim against the Town. In case no. 1110507, M & N cro...

Housing Authority of the Birmingham District v. Logan Properties, Inc.  
Date: December 7, 2012
Docket Number: 1111015

Justia Opinion Summary: The Housing Authority of the Birmingham District ("HABD") appealed the judgment entered by the Jefferson Circuit Court which awarded Logan Properties, Inc., $350,000 on its inverse condemnation claim against HABD, as wel...

MTA, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.  
Date: December 7, 2012
Docket Number: 1111167

Justia Opinion Summary: MTA, Inc. appealed a circuit court order which held that its claims against Merrill Lynch, Pierce, Fenner & Smith, Inc. were subject to an arbitration agreement and compelling MTA to arbitrate those claims. MTA entered i...

S & M, LLC v. Burchel  
Date: December 7, 2012
Docket Number: 1111210

Justia Opinion Summary: S & M, LLC, d/b/a Huntsville Cab Company ("Huntsville Cab"), petitioned the Supreme Court for certiorari review of a decision of the Court of Civil Appeals which affirmed a judgment in favor of Kevin Burchel, as personal...

A.G. and K.G. v. Ka.G. and N.G.  
Date: December 7, 2012
Docket Number: 1111479

Justia Opinion Summary: A.G. and K.G. ("the paternal grandparents") appealed a juvenile court judgment denying their petition that alleged dependency as to A.L.G. ("the child") without holding an evidentiary hearing. "The fact that a divorce pr...

Snider v. Morgan  
Date: November 30, 2012
Docket Number: 1101535

Justia Opinion Summary: Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider, appealed the trial court's dismissal of his complaint against Marquita S. Morgan ("Morgan"), both as executrix of the estate of Troy Ray S...

Brandon v. Brandon  
Date: November 30, 2012
Docket Number: 1111538

Justia Opinion Summary: John Earl Brandon ("father") petitioned the Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to transfer the portion of a custody-modification action filed by Carolyn Anne Brandon ("mother") in...

SSC Selma Operating Company, LLC v. Gordon  
Date: November 16, 2012
Docket Number: 1110511

Justia Opinion Summary: SSC Selma Operating Company, LLC, doing business as Warren Manor Health & Rehabilitation Center ("SSC"), and Bernard Turk, the administrator of Warren Manor Health & Rehabilitation Center ("Warren Manor") (referred to co...

Wilbanks v. United Refractories, Inc.  
Date: November 16, 2012
Docket Number: 1111164

Justia Opinion Summary: James Stanley Wilbanks appealed the grant of summary judgment in favor of United Refractories, Inc. ("United"), a company supplying equipment used in the repair of coke-oven batteries, in Wilbanks's action against United...

Southeast Construction, L.L.C. v. WAR Construction, Inc.  
Date: November 9, 2012
Docket Number: 1101050

Justia Opinion Summary: Southeast Construction, L.L.C. ("SEC") appealed a circuit court's judgment and WAR Construction, Inc. ("WAR") filed a cross-appeal (which was treated as a petition for a writ of mandamus). The matter came before the Supr...

Hinton v. Alabama  
Date: November 9, 2012
Docket Number: 1110129

Justia Opinion Summary: Anthony Ray Hinton petitioned the Jefferson Circuit Court for relief under Rule 32, Ala. R. Crim. P., arguing that his trial counsel had provided ineffective assistance of counsel by failing to provide a qualified expert...

Town & Country Property, L.L.C. v. Amerisure Insurance Company  
Date: November 2, 2012
Docket Number: 1100009

Justia Opinion Summary: Town & Country Property, L.L.C., and Town & Country Ford, ("T&C"), appealed a summary judgment in favor of Amerisure Insurance Company and Amerisure Mutual Insurance Company which held that Amerisure was not obligated to...

Wilson v. Thomas  
Date: October 26, 2012
Docket Number: 1111294

Justia Opinion Summary: The Alabama Department of Corrections ("ADOC"), the Alabama Corrections Institution Finance Authority ("ACIFA"), and Kim Thomas, in his official capacities as the commissioner of ADOC and as ex officio vice president of...

Hill v. Fairfield Nursing & Rehabilitation Center, LLC  
Date: October 19, 2012
Docket Number: 1090549

Justia Opinion Summary: Myrtis Hill sued Fairfield Nursing and Rehabilitation Center, LLC ("Fairfield"); D&N, LLC ("D&N"); DTD HC, LLC ("DTD"); Donald T. Denz; Norbert A. Bennett; Aurora Cares, LLC; and Aurora Healthcare, LLC (collectively refe...

Peacock Timber Transport, Inc. v. B.P. Holding, LLC, et al.  
Date: October 19, 2012
Docket Number: 1110348

Justia Opinion Summary: Peacock Timber Transport, Inc. ("Peacock"), appealed the grant of summary judgment entered by the Montgomery Circuit Court in favor of B.P. Holdings, LLC, William Blount, Derek Parrish, Diamond Homes, LLC, and Sunbelt En...

Black Warrior Electric Membership Corporation v. McCarter  
Date: October 19, 2012
Docket Number: 1110745

Justia Opinion Summary: Black Warrior Electric Membership Corporation appealed a judgment entered on a jury verdict for Ronald McCarter in McCarter's action seeking compensation for injuries he sustained when he contacted a power line owned and...

Green v. Morris  
Date: October 19, 2012
Docket Number: 1110779

Justia Opinion Summary: Petitioners George D. Green and Wanda Green, the plaintiffs in a personal-injury action pending in the Monroe Circuit Court, petitioned the Supreme Court for a writ of mandamus to direct that court to vacate its order tr...

Schramm, Jr. v. Spottswood  
Date: October 19, 2012
Docket Number: 1110794

Justia Opinion Summary: Howard M. Schramm, Jr., appealed a March 6, 2012, judgment of the Baldwin Circuit Court approving pier construction permits issued to Schramm's neighbors, George G. Spottswood and Amy H. Spottswood, by the Alabama Depart...

Boys & Girls Clubs of South Alabama, Inc. v. Fairhope-Point Clear Rotary Youth Programs, Inc.  
Date: October 19, 2012
Docket Number: 1110843

Justia Opinion Summary: The Boys & Girls Clubs of South Alabama, Inc. ("the Club"), a nonprofit corporation, appealed a judgment entered in favor of the Fairhope-Point Clear Rotary Youth Programs, Inc. ("Rotary Inc."), and the Ruff Wilson Youth...

Braden Furniture Company, Inc. v. Union State Bank  
Date: October 19, 2012
Docket Number: 1110943

Justia Opinion Summary: According to Braden Furniture Company, Inc., between 2003 and 2010, Bonnie Manning, an assistant bookkeeper, accessed Braden Furniture's accounting program and created over 200 unauthorized checks, totaling over $470,000...

Busby v. BancorpSouth Bank  
Date: October 19, 2012
Docket Number: 1111209

Justia Opinion Summary: BancorpSouth Bank petitioned the Supreme Court for a writ of mandamus to direct the trial court to vacate its order denying the bank's motion to strike a jury demand in the complaint filed against it by Plaintiff Thomas...

Lisle Company, Inc. v. Phenix City Board of Education  
Date: October 19, 2012
Docket Number: 1111303

Justia Opinion Summary: The Phenix City Board of Education ("the Board") sought mandamus relief from the Russell Circuit Court's denial of the Board's motion to dismiss or, in the alternative, for a summary judgment on claims brought against it...

Tinney v. East Alabama Medical Center  
Date: October 19, 2012
Docket Number: 1111364

Justia Opinion Summary: East Alabama Medical Center ("EAMC") petitioned the Supreme Court for a writ of mandamus to direct the Randolph Circuit Court to transfer the action filed against it by John Tinney to the Lee Circuit Court. Tinney repres...

Floyd v. Alabama  
Date: September 28, 2012
Docket Number: 1080107

Justia Opinion Summary: Christopher Anthony Floyd petitioned the Supreme Court for a writ of certiorari to review the decision of the Court of Criminal Appeals affirming his capital-murder conviction and his subsequent death sentence. The Court...

Boudreaux v. Pettaway  
Date: September 28, 2012
Docket Number: 1100281

Justia Opinion Summary: Defendants Randall Boudreaux, M.D., Don Ortego, and Coastal Anesthesia, P.C. appealed a $4,000,000 judgment against them, following a remittitur of a $20,000,000 jury verdict in favor of Paula Pettaway, as administratrix...

Spencer v. S. Boyd, Inc.  
Date: September 28, 2012
Docket Number: 1110319

Justia Opinion Summary: Shirley Spencer and Christy Gee petitioned the Supreme Court for a writ of mandamus to direct the Greene Circuit Court to vacate its judgment granting the motion of K & K Excavating, LLC ("K & K"), to enforce a forum-se...

State Farm Mutual Automobile Insurance Company v. Baggett  
Date: September 21, 2012
Docket Number: 1100578

Justia Opinion Summary: In December 2005, Charles Baggett and Diana Morris were involved in an automobile accident, as a result of which Baggett was injured. Baggett sued Morris, who was insured by Sagamore Insurance Company. Baggett added his...

Jenkins v. Alabama  
Date: September 21, 2012
Docket Number: 1101410

Justia Opinion Summary: Mark Allen Jenkins was convicted in March 1991 of two counts of capital murder which was committed during the course of a robbery and during the course of a kidnapping. By a vote of 10-2, the jury recommended that Jenkin...

Regions Bank v. Baldwin County Sewer Service, LLC  
Date: September 21, 2012
Docket Number: 1101508

Justia Opinion Summary: Morgan Keegan & Company, Inc. and Regions Bank (hereinafter referred to collectively as "Regions") appealed an order of the Baldwin Circuit Court which granted in part and denied in part their motions to compel arbitrati...

Mitchell v. State Farm Mutual Automobile Insurance Co.  
Date: September 21, 2012
Docket Number: 1110088

Justia Opinion Summary: Following an automobile accident in which Tracy Mitchell was injured when the vehicle in which she was a passenger, State Farm Mutual Automobile Insurance Company, Mitchell's insurer, paid Mitchell's medical expenses, am...

Harris v. Owens  
Date: September 21, 2012
Docket Number: 1110421

Justia Opinion Summary: Respondents William Harris, in his official capacity as president of Alabama State University ("ASU"), and the individual members of ASU's Board of Trustees, in their official capacities as members of the Board, appealed...

In re: Estate of S.L. Wilson, Sr.  
Date: September 21, 2012
Docket Number: 1111241

Justia Opinion Summary: Carolyn Wilson Floyd petitioned the Supreme Court for a writ of mandamus directing Judge Thomas ap R. Jones of the Hale Circuit Court to set aside his order denying her motion to dismiss the will contest filed by Carlean...

Holland v. Sweeney  
Date: September 14, 2012
Docket Number: 1110035

Justia Opinion Summary: Carson Sweeney petitioned the Supreme Court for a writ of mandamus to direct the Circuit Court to vacate its order of May 26, 2011, insofar as the order granted Timmy Joe Holland's motion to strike Sweeney's demand for a...

Vest v. Vest  
Date: September 14, 2012
Docket Number: 1110192

Justia Opinion Summary: Jennifer Ann Vest (Herron) petitioned the Supreme Court for review of the Court of Civil Appeals' decision that denied her second petition for a writ of mandamus in a child-custody matter. The Supreme Court granted Jenni...

Jett v. Wooten  
Date: September 14, 2012
Docket Number: 1110731

Justia Opinion Summary: Rodgetta Colvin Jett n/k/a Octavia R. Cantelow-Jett ("Jett") appealed the grant of summary judgment entered against her in a legal-malpractice action against attorney James M. Wooten and his law firm, the Law Offices of...

City of Gadsden, Alabama v. Boman et al.  
Date: September 14, 2012
Docket Number: 1111273

Justia Opinion Summary: The City of Gadsden appealed an order of injunctive relief in favor of John Boman, a retired Gadsden police officer. Boman and 18 other active and retired Gadsden police officers sued Gadsden alleging, among other things...

Pritchett v. Alabama  
Date: September 7, 2012
Docket Number: 1100465

Justia Opinion Summary: While represented by counsel, Defendant Stanford Earl Pritchett pled guilty to murder. Defendant then filed a pro se motion to set aside his guilty plea, asserting ineffective assistance of trial counsel. The trial court...

Wood v. Hayes  
Date: September 7, 2012
Docket Number: 1100750

Justia Opinion Summary: Darren Woods and his half sister Joni Wood, appealed a judgment based on a jury verdict in favor of Karrie Hayes and against Joni in the amount of $437,761.52 and against Darren in the amount of $86,540.49 for violating...

Higgs, Sr. v. Bole  
Date: August 31, 2012
Docket Number: 1110868

Justia Opinion Summary: Lawton Higgs, Sr., formerly a pastor and pastor emeritus at the Church of the Reconciler ("COR"), a United Methodist church, brought an action against Tom Bole, a lay member of COR, alleging defamation, invasion of priva...

Fraternal Order of Police, Lodge No. 64 v. Personnel Board of Jefferson Cty.  
Date: August 24, 2012
Docket Number: 1100430

Justia Opinion Summary: The Fraternal Order of Police, Lodge No. 64, and three employees of the Jefferson County Sheriff's Office appealed the grant of summary judgment in favor of the Personnel Board of Jefferson County, and Jefferson County S...

Nationwide Mutual Ins. Co. v. Thomas  
Date: August 24, 2012
Docket Number: 1101332

Justia Opinion Summary: The United States District Court for the Northern District of Alabama, Eastern Division certified two questions of first impression to the Alabama Supreme Court: whether a coverage exclusion clause in an automobile insur...

McInnish v. Bentley  
Date: August 24, 2012
Docket Number: 1110321

Justia Opinion Summary: One petition for the writ of mandamus and three appeals were brought before the Supreme Court to challenge a judgment of the Montgomery Circuit Court awarding Hugh McInnish $196,625 in attorney fees and costs in his acti...

Lexington Insurance Co. v. Southern Energy Homes, Inc.  
Date: August 17, 2012
Docket Number: 1091617

Justia Opinion Summary: Lexington Insurance Company and Chartis, Inc. appealed a circuit court order that appointed a third arbitrator to the arbitration panel established to settle a dispute between Lexington and Southern Energy Homes, Inc. ("...

Woodruff v. City of Tuscaloosa  
Date: August 17, 2012
Docket Number: 1110355

Justia Opinion Summary: John Woodruff appealed a circuit court order dismissing his malicious-prosecution, false imprisonment, and tort-of-outrage claims against the City of Tuscaloosa ("the City") and several of its employees. On October 16, 2...

Patterson v. Consolidated Aluminum Corp.  
Date: August 17, 2012
Docket Number: 1110633

Justia Opinion Summary: Dawn Elaine Patterson and her husband Brooks appealed the judgment entered by the Jefferson Circuit Court dismissing their claims against Consolidated Aluminum Corporation ("CAC") and its corporate owner Lonza America, I...

Dulin v. Northeast Alabama Regional Med. Ctr.  
Date: August 17, 2012
Docket Number: 1110742

Justia Opinion Summary: Alanna Nail, Paul Watson, and Gennie Farragher, all registered nurses, petitioned the Supreme Court for a writ of mandamus to direct the Calhoun Circuit Court to vacate its order denying the summary-judgment motion they...

Limestone Creek Developers, LLC v. Stuart Trapp et al.  
Date: August 17, 2012
Docket Number: 1110838

Justia Opinion Summary: Limestone Creek Developers, LLC ("LCD"), sued Stuart Trapp and two companies in which Trapp had a controlling interest (Kyvest, Ltd., and Redesign, Inc.) after Trapp was unable or unwilling to close on a contract he had...

Hoff v. Goyer  
Date: August 17, 2012
Docket Number: 1111078

Justia Opinion Summary: Eliot Hoff appealed a circuit court order that remanded the administration of the conservatorship of his grandmother, Susan Bibb Kidd, to the Jefferson Probate Court. In 2006, the probate court adjudged Kidd to be an inc...

Regions Bank v.Lowrey  
Date: August 10, 2012
Docket Number: 1101541

Justia Opinion Summary: Regions Bank ("Regions"), as sole trustee of the J.F.B. Lowrey Trust ("the Lowrey Trust"), appealed a circuit court's order that denied Regions' motion to award it attorney fees and costs. Sam G. Lowrey, Jr., and Shelby...

Pynes v. Jackson Hospital  
Date: August 10, 2012
Docket Number: 1110240

Justia Opinion Summary: Defendant Noland Hospital Montgomery, LLC ("NHM"), petitioned the Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate its order denying NHM's motion for a summary judgment and to enter a...

Highlands of Lay, LLC v. Murphree  
Date: August 10, 2012
Docket Number: 1110674

Justia Opinion Summary: Highlands of Lay, LLC ("Highlands") appealed a default judgment entered in favor of Edward O. Murphree. Murphree sued Highlands and John J. Miller, who Murphree alleged was a member of Highlands and its authorized agent....

Johnson v. Hetzel  
Date: August 10, 2012
Docket Number: 1110754

Justia Opinion Summary: This appeal arose from a circuit court's dismissal of Brandon Johnson's action against Gary Hetzel, warden of the Donaldson Correctional Facility; Sean Carlton, a correctional officer trainee at the facility; and correct...

Alabama v. Anderson  
Date: July 23, 2012
Docket Number: 1110793

Justia Opinion Summary: Defendant Amy Bishop Anderson petitioned the Supreme Court for a writ of mandamus to direct the Madison Circuit Court to compel the Office of Indigent Defense Services and the Comptroller's Office within the Department o...

West Fraser, Inc. v. Caldwell  
Date: July 20, 2012
Docket Number: 1110513

Justia Opinion Summary: The Supreme Court issued a writ of certiorari to determine whether the appellate court's decision in this case conflicted with the parameters of appellate review set out in "Ex parte McInish," (47 So.3d 767 (Ala. 2008))....

Sandoz, Inc. v. Alabama  
Date: July 13, 2012
Docket Number: 1081402

Justia Opinion Summary: Defendant Sandoz, Inc. appealed a judgment entered on a jury verdict in favor of the State of Alabama. The State alleged at trial that Sandoz, a manufacturer of generic pharmaceuticals, purposely reported inflated pricin...

Town & Country Property, L.L.C. v. Amerisure Insurance Co.  
Date: June 29, 2012
Docket Number: 1100009

Justia Opinion Summary: Town & Country Property, L.L.C., and Town & Country Ford, L.L.C. (collectively referred to as "T&C") appealed a circuit court's grant of summary judgment Amerisure Insurance Company and Amerisure Mutual Insurance Company...

Auto Owners Insurance, Inc. v. Blackmon Insurance Agency, Inc.  
Date: June 29, 2012
Docket Number: 1100769

Justia Opinion Summary: Auto Owners Insurance, Inc. ("Auto Owners"), appealed a circuit court's denial of its motion to dismiss or, in the alternative, to compel arbitration in an action against it filed by Blackmon Insurance Agency, Inc. Black...

Malfatti v. Bank of America, N.A.  
Date: June 29, 2012
Docket Number: 1101112

Justia Opinion Summary: The United States Bankruptcy Appellate Panel of the Court of Appeals for the Ninth Circuit ("the BAP") certified a question to the Alabama Supreme Court: "In Alabama, is a 'default' judgment premised upon discovery sanct...

Bd. of School Commissioners of Mobile County v. Weaver  
Date: June 29, 2012
Docket Number: 1110049

Justia Opinion Summary: Bridget Weaver and two other school administrators sued the Board of School Commissioners of Mobile County ("the Board") and Roy D. Nichols, in his official capacity as superintendent of the Mobile County Public School S...

Alabama v. Anderson  
Date: June 29, 2012
Docket Number: 1110793

Justia Opinion Summary: Defendant Amy Bishop Anderson petitioned the Supreme Court for a writ of mandamus to direct the Madison Circuit Court to compel the Office of Indigent Services and the Comptroller's Office within the state Department of...

White-Spunner Construction, Inc. v. Construction Completion Company, LLC  
Date: June 22, 2012
Docket Number: 1101285

Justia Opinion Summary: White-Spunner Construction, Inc., and Hartford Fire Insurance Company ("Hartford") appealed the grant of summary judgment and the award of attorney fees in favor of Construction Completion Company, LLC ("CCC"), in CCC's...

Monte Sano Research Corp. v. Kratos Defense & Security Solutions, Inc.  
Date: June 22, 2012
Docket Number: 1101484

Justia Opinion Summary: Monte Sano Research Corporation ("MSRC"), Steven L. Thornton, and Steven B. Teague appealed a preliminary injunction entered against them in an action brought by Kratos Defense & Security Solutions, Inc.; Digital Fusion,...

Slagle v. Ross  
Date: June 15, 2012
Docket Number: 1090638

Justia Opinion Summary: Clay Slagle appealed the Montgomery Circuit Court's dismissal of his action against the seven members of the Montgomery County Board of Education ("the Board") and the superintendent of the Montgomery County School Syste...

Bennett v. Skinner  
Date: June 15, 2012
Docket Number: 1110354

Justia Opinion Summary: David Bennett and Bennett & Bennett Construction, Inc. ("Bennett") appealed the trial court's denial of their motion to compel arbitration of the claims alleging fraud in the inducement and the tort of outrage brought ag...

Regions Bank v. Ernest Kramer  
Date: June 1, 2012
Docket Numbers: 1100967, 1100968

Justia Opinion Summary: Regions Bank, in its fiduciary capacity as trustee or cotrustee of various trusts, Delores Ancell, and David Puckett filed two permissive appeals, pursuant to Rule 5, Ala. R. App. P., to challenge the Jefferson Circuit C...

Apel Steel Corporation v. JS Nationwide Erectors, Inc.  
Date: June 1, 2012
Docket Number: 1110612

Justia Opinion Summary: Northstar Battery Company, LLC ("Northstar"), petitions this Court for a writ of mandamus directing the Cullman Circuit Court to vacate its order denying Northstar's motion to dismiss the action filed against it by Apel...

Wilkinson v. Board of Dental Examiners of Alabama  
Date: May 25, 2012
Docket Number: 1100993

Justia Opinion Summary: Mary Ann Wilkinson was employed by the Board of Dental Examiners of Alabama for several years, until the Board terminated her employment in December 2009. In July 2010, Wilkinson sued the Board, seeking compensation she...

Monte Sano Research Corp. v. Kratos Defense & Security Solutions, Inc.  
Date: May 25, 2012
Docket Number: 1101484

Justia Opinion Summary: Monte Sano Research Corporation (MSRC), Steven L. Thornton, and Steven B. Teague appealed a preliminary injunction entered against them in an action brought by Kratos Defense & Security Solutions, Inc., a California-base...

In re: T.C.  
Date: May 25, 2012
Docket Number: 1110250

Justia Opinion Summary: The Supreme Court granted T.C.s writ of certiorari to review an issue of first impression: interpretation of 12-15-601, Ala. Code 1975, a part of the 2008 Alabama Juvenile Justice Act, which became effective January 1, 2...

Harris v. Walker  
Date: May 25, 2012
Docket Number: 1110436

Justia Opinion Summary: Marcus Lydell Walker, an employee of the Macon County Sheriffs Department, petitioned the Supreme Court for a writ of mandamus to direct the Macon Circuit Court to enter an order holding him immune from suit based on Art...

Attenta, Inc. v. Calhoun  
Date: May 18, 2012
Docket Number: 1100742

Justia Opinion Summary: This case arose out of a workplace accident in which Lee Calhoun, Jr., Plaintiff Lula Calhoun's husband, was fatally injured. Mrs. Calhoun filed a complaint against her husband's employer seeking worker's compensation de...

Ruttenberg v. Friedman  
Date: May 11, 2012
Docket Number: 1090600

Justia Opinion Summary: Pamela Ruttenberg, Harold Ruttenberg's widow, and two of the Ruttenberg's three children, Warren Ruttenberg and Jodi Ruttenberg Benck appealed a final judgment of the probate court that granted the petition of Karl B. Fr...

Hrynkiw v. Trammell  
Date: May 11, 2012
Docket Number: 1101099

Justia Opinion Summary: Dr. Zenko J. Hrynkiw and Zenko J. Hrynkiw, M.D., P.C., appealed a judgment entered in favor of Thomas and Barbara Trammell in their medical-malpractice action. In 2005, Dr. Hrynkiw, a neurosurgeon, performed fusion surge...

In re: Estate of Amy F. Morris  
Date: May 4, 2012
Docket Number: 1101530

Justia Opinion Summary: The Circuit Court of the City of Virginia Beach, Virginia, appointed the Trust Company of Virginia (TCVA) as conservator of property owned by Amy Falcon Morris when that court declared Ms. Morris to be incapacitated in 2...

Bates v. Stewart  
Date: April 27, 2012
Docket Number: 1100063

Justia Opinion Summary: Three appellate proceedings were consolidated for a single Supreme Court opinion. All three cases appealed the dismissal of their respective cases from the Etowah Circuit Court. The Appellants all sued Donald Stewart ind...

Fort Morgan Civic Association, Inc. v. City of Gulf Shores  
Date: April 27, 2012
Docket Number: 1101440

Justia Opinion Summary: The Fort Morgan Civic Association, Inc. and Charles Browdy, a resident of the unincorporated Fort Morgan area of Baldwin County and a member of the Association (collectively "the FMCA"), sued the City of Gulf Shores and...

City of Prichard v. Balzer  
Date: April 20, 2012
Docket Number: 1100950

Justia Opinion Summary: The U.S. District Court for the Southern District of Alabama, Southern Division certified a question to the Supreme Court: whether Ala. Code 11-81-3 (1975) required that an Alabama municipality refund or fund bond indebt...

Webster v. Southeast Alabama Timber Harvesting, LLC  
Date: April 20, 2012
Docket Number: 1110349

Justia Opinion Summary: Southeast Alabama Timber Harvesting, LLC (Southeast), and Michael J. Smith petitioned the Supreme Court for a writ of mandamus to direct the Chambers Circuit Court to vacate its order that denied their motion to transfer...

City of Birmingham v. Orbitz, LLC.  
Date: April 13, 2012
Docket Number: 1100874

Justia Opinion Summary: Appellants in this case were nine Alabama municipalities and the Birmingham-Jefferson Civic Center Authority appealed the grant of summary judgment entered in favor of Appellees, sixteen online travel service companies a...

Wolfe v. Wal-Mart Stores, Inc.  
Date: April 13, 2012
Docket Number: 1110252

Justia Opinion Summary: Wal-Mart Stores, Inc., a defendant in a civil case pending in the Escambia Circuit Court, petitioned for a writ of mandamus to direct the trial court to dismiss the case on the ground that venue in Escambia County was im...

Tucker v. Richard M. Scrushy Charitable Foundation, Inc  
Date: April 6, 2012
Docket Number: 1100736

Justia Opinion Summary: Plaintiffs Wade Tucker, the Wendell H. Cook, Sr. Testamentary Trust, and HealthSouth Corporation appealed a circuit court's partial summary judgment in favor of the Richard M. Scrushy Charitable Foundation. In 2009, the...

Eagerton v. Vision Bank  
Date: April 6, 2012
Docket Number: 1101045

Justia Opinion Summary: Fred and Nancy Eagerton appealed a summary judgment granted in favor of Vision Bank in the bank's action seeking to enforce the Eagertons' obligations under certain guaranty contracts. "Dotson 10s, LLC" was organized to...

Berry et al. v. City of Montgomery et al.  
Date: April 6, 2012
Docket Number: 1101435

Justia Opinion Summary: Several Citites and their employees, police officers J.J. Oglesby, J.M. Stewart, A.T. Caffey, Q.O. Commander, and N.W. McMahon petitioned the Supreme Court for a writ of mandamus to direct the Circuit Court to enter a su...

Mohabbat v. Singh  
Date: April 6, 2012
Docket Number: 1110503

Justia Opinion Summary: Aziz and Karima Mohabbat sued Sanjay and Ramendra P. Singh in Circuit Court asserting claims of suppression and unjust enrichment. Following a jury trial, the trial court entered a $630,000 judgment in favor of the Mohab...

Davis v. Alabama Education Ass'n  
Date: March 23, 2012
Docket Number: 1091745

Justia Opinion Summary: The State Director of Finance Marquita Davis and the State Comptroller Thomas L. White, Jr. appealed a preliminary injunction entered by the Montgomery Circuit Court in response to a declaratory-judgment action brought b...

Albert Linch Jordan v. Alabama State Bar Association
Date: March 23, 2012
Docket Number: 1091747
American Family Life Assurance Company of Columbus v. Parker  
Date: March 16, 2012
Docket Number: 1100227

Justia Opinion Summary: These consolidated appeals arose from the same facts: in 1990, Richard L. Parker applied to American Family Life Assurance Company of Columbus (Aflac) for a cancer-indemnity insurance policy. Aflac issued Parker a policy...

Perdue v. Green  
Date: March 16, 2012
Docket Number: 1101337

Justia Opinion Summary: In these consolidated appeals, Carol Perdue, individually and as next friend and guardian of her daughter, Anna; William D. Motlow, Jr.; and Shane Sears (hereinafter collectively referred to as "the objectors"), all of w...

Simmons v. DuBose Construction Company, L.L.C.  
Date: March 16, 2012
Docket Number: 1110239

Justia Opinion Summary: DuBose Construction Company, L.L.C., petitioned the Supreme Court for a writ of mandamus to direct the Court of Civil Appeals to vacate its order reversing a Montgomery Circuit Court ruling in the case. On February 14, 2...

Riverstone Development Co., Inc. v. Nelson  
Date: March 9, 2012
Docket Number: 1101498

Justia Opinion Summary: Riverstone Development Co., Inc. and Southern Heritage, LLC appealed a judgment dismissing an action in which they had intervened as defendants. The dispute involved a number of individuals and entities who claimed some...

American Family Care, Inc., v. Salters  
Date: March 9, 2012
Docket Number: 1101505

Justia Opinion Summary: American Family Care, Inc. (AFC) petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its order staying a civil action filed by AFC against Anita Salters. Salters was a form...

Infirmary Health System v. Sacred Heart Health System, Inc.  
Date: March 2, 2012
Docket Number: 1091788

Justia Opinion Summary: Sacred Heart Health System, Inc., the defendant in a declaratory-judgment action filed by Infirmary Health System, Inc. (IHS) and South Baldwin Regional Medical Center appealed to the Supreme Court from one aspect of a f...

McMahon v. Yamaha Motor Corporation, U.S.A., et al.  
Date: March 2, 2012
Docket Number: 1100679

Justia Opinion Summary: Plaintiffs Jacklyn and Donald McMahon sued Defendants Yamaha Motor Corporation, U.S.A.; Yamaha Motor Manufacturing Corporation of America; Yamaha Motor Co., LTD. ("the Yamaha defendants"); and Montgomery Outdoor Power Pr...

Auto Owners Insurance, Inc. v. Blackmon Insurance Agency, Inc.  
Date: March 2, 2012
Docket Number: 1100769

Justia Opinion Summary: Auto Owners Insurance, Inc. (Auto Owners) appealed a circuit court's denial of its motion to dismiss or, in the alternative, to compel arbitration in an action against it filed by Blackmon Insurance Agency, Inc. Blackmon...

Alabama State Bar Association v. Cheree Minor Dudley
Date: March 2, 2012
Docket Number: 1101362
Pate v. Alabama  
Date: February 24, 2012
Docket Number: 1101232

Justia Opinion Summary: Following a 1987 conviction for first-degree theft of property and his unsuccessful direct appeal of that conviction, Defendant Joseph Pate filed a Rule 32, Ala. R. Crim P. petition (Rule 32) for relief. The circuit cour...

AltaPointe Health Systems, Inc. v. Davis  
Date: February 17, 2012
Docket Number: 1091601

Justia Opinion Summary: AltaPointe Health Systems, Inc. (AHS), appealed a Mobile Probate Court's order finding it in contempt of its "Order of Outpatient Commitment" for Donald Bernoudy based on AHS's failure to comply with 22-52-10.3(e), Ala....

Hamilton v. Scott  
Date: February 17, 2012
Docket Number: 1100192

Justia Opinion Summary: Amy Hamilton, individually and on behalf of her stillborn son, sued Dr. John Blakely Isbell, Dr. Steven Coulter, Dr. Warren Scott, and the Isbell Medical Group (IMG), as well as several fictitiously named defendants, cla...

Jackson v. Wells Fargo Bank, N.A.  
Date: February 17, 2012
Docket Number: 1100594

Justia Opinion Summary: Husband and wife Emmett and Debra Jackson appealed the grant of summary judgment in favor of Wells Fargo Bank, N.A. in their action against the bank and trustee. The Jacksons challenged a foreclosure sale of their proper...

Kelley v. Burnell  
Date: February 17, 2012
Docket Number: 1100897

Justia Opinion Summary: Defendant Ralph Burnell petitioned the Supreme Court for a writ of mandamus to direct the Bibb Circuit Court to vacate its 2011 order that denied his motion to dismiss claims Plaintiff Christi Burry Kelley filed against...

Main & Associates, Inc. v. Blue Cross & Blue Shield of Alabama  
Date: February 17, 2012
Docket Number: 1101464

Justia Opinion Summary: Main & Associates, Inc., d/b/a Southern Springs Healthcare Facility, filed an action in the Bullock Circuit Court, on behalf of itself and a putative class of Alabama nursing homes, against Blue Cross and Blue Shield of...

Alabama Ins. Guaranty Assn. v. Water Works & Sanitary Sewer Board of the City of Montgomery  
Date: February 10, 2012
Docket Number: 1101133

Justia Opinion Summary: The Alabama Insurance Guaranty Association (AIGA) sued the Water Works and Sanitary Sewer Board of the City of Montgomery, seeking, among other things, to recover money it had paid on behalf of the Board on a workers' co...

In re: R.W. v. T.J.  
Date: February 10, 2012
Docket Number: 1101170

Justia Opinion Summary: T.J. sought a writ of mandamus to order the Montgomery Juvenile Court to adjudicate T.J. as the presumed father of S.W. (the child) and to vacate the juvenile court's order authorizing genetic testing to establish the ch...

Smith, Jr. v. Secretary of Veterans Affairs  
Date: February 10, 2012
Docket Number: 1101171

Justia Opinion Summary: In 2009, the Secretary of Veterans Affairs sued Frank S. Smith, Jr. in the Jefferson Circuit Court, stating a claim of ejectment and sought possession of Mr. Smith's house in Bessemer. The mortgage to Mr. Smith's home wa...

In re: S.K.  
Date: January 27, 2012
Docket Number: 1101401

Justia Opinion Summary: The Montgomery County Board of Education (the Board), several of its members, and a teacher in the school system petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacated its order that d...

Casey v. Casey  
Date: January 20, 2012
Docket Number: 1100444

Justia Opinion Summary: Respondents James Casey, Sr. and his daughter Julie Toner sought a writ of mandamus to direct the circuit court to dismiss Petitioner Jo Ann Casey's (Julie's mother) petition to remove a guardianship and conservatorship...

600, LLC v. Virani  
Date: January 20, 2012
Docket Number: 1100447

Justia Opinion Summary: Altaf Virani filed an action against 600, L.L.C. (the LLC), attempting to redeem real property the LLC purchased from the bank that had foreclosed on that property. After a bench trial, the circuit court entered a judgme...

McGee v. McGee  
Date: January 13, 2012
Docket Number: 1091798

Justia Opinion Summary: John McGee (Jack) appealed the grant of summary judgment and a judgment as a matter of law in favor of his brother Willis McGee individually and in his capacity as executor of their mother Elizabeth's estate. Wills appea...

Whited v. Wright Brothers Construction Company, Inc.  
Date: January 13, 2012
Docket Number: 1100937

Justia Opinion Summary: Wright Brothers Construction Company, Inc. and GIBCO Construction petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate its order that denied their motion to transfer their case to ano...

Heisz v. Galt Industries, Inc.  
Date: January 6, 2012
Docket Number: 1100193

Justia Opinion Summary: Now defucnt Galt Industries, its former president, his wife, and a former employees sued Aegis Strategic Investment Corporation and its sole shareholder Mark Heisz, alleging Aegis failed to fulfill certain terms of an as...

Steensland, Jr. v. Alabama Judicial Inquiry Comm'n  
Date: January 6, 2012
Docket Number: 1100985

Justia Opinion Summary: Retired district judge M. John Steensland, Jr. appealed a judgment of the Alabama Court of the Judiciary (COJ) that publicly censured him for misconduct that preceeded his retirement. In 2008, Judge Steensland had begun...

Jim Walter Resources, Inc. v. McCollum  
Date: January 6, 2012
Docket Number: 1110067

Justia Opinion Summary: Jim Walter Resources, Inc. (JWR) sought a petition for a writ of mandamus to direct the Tuscaloosa County Probate Court to record certain filings without the payment of a recording tax. Walter Energy, JWR's parent compan...

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