Supreme Court of Alabama Decisions 2016

Ex parte VEL, LLC, et al.  
Date: December 30, 2016
Docket Number: 1150542

Justia Opinion Summary: Petitioners VEL, LLC ("VEL"); Montgomery Drug Co., Inc. ("MDCI"); Robert Stafford; and Erica Greene sought mandamus relief. William Kilgore sought to fill his prescription for ropinirole, a drug used to treat the symptom...

Stinnett v. Kennedy  
Date: December 30, 2016
Docket Number: 1150889

Justia Opinion Summary: Kimberly Stinnett appealed the dismissal of her claim against Karla Kennedy, M.D., alleging the wrongful death of her unborn previable child. Based on its previous holdings, the Alabama Supreme Court held that the trial...

Macon County Greyhound Park, Inc. v. Hoffman  
Date: December 23, 2016
Docket Numbers: 1141273, 1141277, 1141278

Justia Opinion Summary: Macon County Greyhound Park, Inc., d/b/a Victoryland ("MCGP"), appealed trial court orders denying its motions to compel arbitration in the actions filed against it by plaintiffs Marie Hoffman, Sandra R. Howard, and Dian...

Macon County Greyhound Park, Inc., d/b/a Victoryland v. Dianne Slayton
Date: December 23, 2016
Docket Number: 1141278
Water Works Board of the City of Arab v. City of Arab  
Date: December 23, 2016
Docket Number: 1150674

Justia Opinion Summary: The Water Works Board of the City of Arab ("the Board") appealed a circuit court’s denial of the Board's motion to dismiss and the entry of a preliminary injunction requested by the City of Arab ("the City"). The Board h...

Alabama v. 825 Electronic Gambling Devices et al.  
Date: December 23, 2016
Docket Number: 1151024

Justia Opinion Summary: The State appealed a Circuit Court's judgment denying its petition for forfeiture of certain electronic-gambling devices and records of Greenetrack, Inc., naming as respondents 825 Electronic Gambling Devices, Greenetrac...

Ex parte State of Alabama.  
Date: December 23, 2016
Docket Number: 1151152

Justia Opinion Summary: The Alabama Supreme Court granted certiorari review to address a question of first impression: whether it was improper to admit into evidence in a trial de novo in the circuit court, evidence of a defendant's guilty plea...

Aderholt v. McDonald  
Date: December 16, 2016
Docket Number: 1150878

Justia Opinion Summary: Dolores Aderholt, as administrator of the estate of her deceased son Bobby Wayne Aderholt, appealed appeals the summary judgment entered by the Walker Circuit Court in favor of Sandra Aderholt McDonald, Bobby's ex-wife,...

Privilege Underwriters Reciprocal Exchange v. Grayson  
Date: December 16, 2016
Docket Number: 1150927

Justia Opinion Summary: Privilege Underwriters Reciprocal Exchange ("PURE"), a Florida-domiciled insurance exchange, obtained a judgment, entered on a jury verdict, declaring that Peter Grayson was not entitled to coverage under the uninsured-m...

Ex parte L.R.B.
Date: December 16, 2016
Docket Number: 1151096
Ex parte Alabama  
Date: December 16, 2016
Docket Number: 1151182

Justia Opinion Summary: Geranda Harris was convicted of third-degree burglary, and was sentenced to 10 years' imprisonment. That sentence was split and Harris was ordered to serve 3 years' incarceration followed by 3 years' probation. Harris wa...

Hill v. Kruse  
Date: December 9, 2016
Docket Numbers: 1150148, 1150162

Justia Opinion Summary: Todd Hill, Roy Hill, Brian Hill, and Debra Hill Stewart were the children of Leroy Hill, who died testate in 2009. Deborah D. Hill, Leroy’s second wife, offered Leroy's will for probate. The Hill children hired attorneys...

Ex parte Todd E. Hill et al.
Date: December 9, 2016
Docket Number: 1150162
Ex parte Genesis Pittman, D.M.D., P.C., et al.  
Date: December 2, 2016
Docket Number: 1150947

Justia Opinion Summary: Genesis Pittman, D.M.D., P.C. ("Pittman, P.C."), petitioned the Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to vacate its order setting aside a prior summary judgment entered in favor of Pi...

Ex parte LERETA, LLC.  
Date: December 2, 2016
Docket Number: 1151054

Justia Opinion Summary: LERETA, LLC, petitioned the Alabama Supreme Court for a writ mandamus to direct the Colbert Circuit Court to vacate its order denying LERETA's motion to set aside a default judgment entered against it in the action broug...

Ex parte Benton et al.  
Date: December 2, 2016
Docket Number: 1151181

Justia Opinion Summary: Defendants April Steele Benton and John Benton and State Farm Mutual Automobile Insurance Company ("State Farm"), petitioned for a writ of mandamus to direct the Bibb Circuit Court to vacate its July 18, 2016, order deny...

Ray v. Huett  
Date: November 23, 2016
Docket Number: 1150572

Justia Opinion Summary: Brian Ray appealed a circuit court judgment in a will contest transferred to the circuit court from the Tallapoosa Probate Court. The will contest in this case was transferred to the circuit court pursuant to 43-8-198, A...

Ex parte PT Solutions Holdings, LLC.  
Date: November 23, 2016
Docket Number: 1150687

Justia Opinion Summary: PT Solutions Holdings, LLC ("PT Solutions"), petitioned for a writ of mandamus seeking an order directing the Barbour Circuit Court to vacate its order denying PT Solutions' motion to dismiss the underlying complaint fil...

Ex parte Christopher Anthony Floyd.  
Date: November 18, 2016
Docket Number: 1130527

Justia Opinion Summary: In 2005, Christopher Floyd was convicted of capital murder for the death of Waylon Crawford, for which he received the death penalty. The United State Supreme Court vacated the Alabama Supreme Court’s judgment in this ca...

Pharmacists Mutual Ins. Co. v. Advanced Specialty Pharmacy, LLC  
Date: November 18, 2016
Docket Number: 1140046

Justia Opinion Summary: Advanced Specialty Pharmacy LLC, Meds I.V., Inc. (collectively referred to as "Meds I.V."), and several others were sued by individuals asserting various wrongful-death and personal-injury claims. Meds I.V. was insured b...

Bugs "R" Us, LLC v. McCants  
Date: November 18, 2016
Docket Number: 1150650

Justia Opinion Summary: Bugs “R” Us, LLC (BRU) appealed the denial of its motion to compel arbitration in an action filed by Autumn McCants for negligent and/or wanton termite inspection of a house she purchased. After review, the Supreme Court...

Susanne Moye Daniel et al. v. C. Michael Moye and Barbara Moye
Date: November 10, 2016
Docket Number: 1140819
Daniel v. Moye  
Date: November 10, 2016
Docket Number: 1140820

Justia Opinion Summary: Bessie Maae Turner was a widower and had no children. In 1994, Bessie executed a will leaving her entire estate to a nephew, Claude Wilbur Moye. In 2010, Bessie executed a new will and revoked all former wills. In the Ma...

Ex parte Stuart C. DuBose.
Date: November 10, 2016
Docket Number: 1160046
Ex parte Joan McCullough Scott.  
Date: October 28, 2016
Docket Number: 1140645

Justia Opinion Summary: Alabama resident Joan McCullough Scott petitioned the Alabama Supreme Court for a writ of mandamus to direct the Probate Court to vacate its order requiring all Alabama resident-beneficiaries of the estate of Kathryn Mar...

Hanover Insurance Co. v. Kiva Lodge Condominium Owners' Association, Inc.  
Date: October 21, 2016
Docket Number: 1141331

Justia Opinion Summary: Kiva Lodge Condominium Owners' Association, Inc. ("Kiva Lodge") was an Alabama nonprofit corporation formed for the purpose of administering and maintaining the Kiva Dunes Clubhouse and Condominium ("Kiva Dunes") located...

Ex parte Jennifer Watters  
Date: October 21, 2016
Docket Number: 1150182

Justia Opinion Summary: Jennifer Watters petitioned the Alabama Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to stay proceedings in her criminal trial, and to conduct a pretrial evidentiary hearing to consider whet...

Ex parte Steve Evans.
Date: October 14, 2016
Docket Number: 1151206
Charles K. Breland, Jr., and Breland Corporation v. City of Fairhope
Date: September 30, 2016
Docket Number: 1131057
Breland v. City of Fairhope  
Date: September 30, 2016
Docket Numbers: 1131210, 1131057

Justia Opinion Summary: Charles Breland, Jr., and Breland Corporation (collectively, "Breland") appealed the grant of summary judgment entered in favor of the City of Fairhope in Breland's declaratory action based on alleged negligent conduct...

Hinrichs v. General Motors of Canada, Ltd.  
Date: September 30, 2016
Docket Number: 1140711

Justia Opinion Summary: On June 24, 2007, Florian Hinrichs was riding in the front passenger seat of a 2004 GMC Sierra 1500 pickup truck owned and operated by his friend Daniel Vinson when they were involved in a motor-vehicle accident. It was...

Wylie v. Estate of Derrell Cockrell  
Date: September 30, 2016
Docket Number: 1141405

Justia Opinion Summary: Margie Wylie appealed the circuit court's affirmance of the Montgomery Probate Court's decision removing her as personal representative of the estate of Derrell Cockrell, appointing a successor personal representative fo...

Wilcox Investment Group, LLC et al. v. P&D, LLC  
Date: September 30, 2016
Docket Numbers: 1150025, 1150052

Justia Opinion Summary: Wilcox Investment Group, LLC, Foley Investment Partners, LLC, and Wilcox Communities, LLC ("Wilcox Communities") (collectively referred to as "Wilcox"), appealed a circuit court judgment awarding P&D, LLC, $122,291 on P&...

P&D, LLC v. Wilcox Investment Group, LLC et al.
Date: September 30, 2016
Docket Number: 1150052
Dolgencorp, LLC v. Spence  
Date: September 30, 2016
Docket Number: 1150124

Justia Opinion Summary: Dolgencorp, LLC appealed the judgment entered on a jury verdict in the amount of $100,000 in favor of Michelle Spence in her action arising from her arrest for shoplifting. The charges against Spence were dismissed after...

Ex parte T.C.M. and C.N.M.
Date: September 30, 2016
Docket Number: 1150280
Ex parte Jerry Bohannon  
Date: September 30, 2016
Docket Number: 1150640

Justia Opinion Summary: In June 2011, Jerry Bohannon was charged with and convicted of two counts of capital murder in connection with the shooting deaths of Jerry DuBoise and Anthony Harvey outside the Paradise Lounge in Mobile. He received th...

Ex parte N.B.
Date: September 30, 2016
Docket Number: 1150708
Ex parte Tier 1 Trucking, LLC  
Date: September 30, 2016
Docket Number: 1150740

Justia Opinion Summary: In late 2015, Jimmy Lee and Jackie Mixon sued defendants Tier 1 Trucking, LLC and James Gray, Jr. in the Wilcox Circuit Court, alleging negligence and/or wantonness in connection with an automobile accident that occurred...

Ex parte Kathy Torbert  
Date: September 30, 2016
Docket Number: 1150774

Justia Opinion Summary: Kathy Torbert petitioned the Alabama Department of Public Health ("the Department") for a declaratory ruling with respect to a proposed garbage-transfer station to be built near Torbert's home. Among other relief request...

Ex parte State of Alabama Department of Revenue.
Date: September 30, 2016
Docket Number: 1151158
Southern States Police Benevolent Association, Inc., et al. v. Govenor Robert H. Bentley et al.  
Date: September 23, 2016
Docket Number: 1150360

Justia Opinion Summary: Southern States Police Benevolent Association, Inc. ("SSPBA"), and three of its members, all of whom were employed as police officers by the City of Auburn (collectively, "plaintiffs"), sued Alabama Governor Robert Bentl...

Ex parte Jacquees Maurice Boone.  
Date: September 23, 2016
Docket Number: 1150387

Justia Opinion Summary: Jacquees Maurice Boone was convicted of attempted murder, for which he was sentenced as an habitual felony offender to life imprisonment. On appeal to the Court of Criminal Appeals, Boone argued that the trial court erre...

The Gardens at Glenlakes Property Owners Association, Inc., et al. v. Baldwin County Sewer Service, LLC  
Date: September 23, 2016
Docket Number: 1150563

Justia Opinion Summary: In 1985, South Alabama Sewer Service, Inc. ("SASS"), and Lake View Developers, Ltd. ("Lake View"), entered into an agreement where SASS would construct a sewer line from its waste-treatment facility to a new planned subd...

Ex parte Arvest Bank.  
Date: September 16, 2016
Docket Number: 1141421

Justia Opinion Summary: Arvest Bank petitioned for mandamus relief, seeking to have the Autauga Circuit Court to vacate its order denying Arvest's motion to quash a writ of execution obtained by Iberiabank f/k/a Capitalsouth Bank ("Iberia") aga...

Ex parte State of Alabama.  
Date: September 16, 2016
Docket Number: 1150559

Justia Opinion Summary: While serving a subpoena on Christopher Okafor at the residence of Shanna Hereford, law-enforcement officers noticed a strong smell of marijuana and entered the residence. When an officer asked Okafor if there was mariju...

Ex parte Joe Louis Spencer.  
Date: September 16, 2016
Docket Number: 1150683

Justia Opinion Summary: An issue implicating the "prison mailbox rule" came before the Supreme Court in this case. The rule, codified at Ala. Code 1975 13A-5-9.1, was revised to place a time limit on motions like the motion for reconsideration...

Ex parte State of Alabama Board of Education et al.  
Date: September 9, 2016
Docket Number: 1150366

Justia Opinion Summary: The State of Alabama Board of Education ("SBOE") and several of its executive directors petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to vacate its order denying their motion t...

Baptist Ventures, Inc. v. Hoke  
Date: September 2, 2016
Docket Numbers: 1141401, 1141396

Justia Opinion Summary: ENT Associates of Alabama, P.A., A. Craig Chapman, M.D., and Baptist Ventures, Inc., d/b/a Montgomery Surgical Center, LLP ("MSC"), separately appealed a circuit court's interlocutory order denying their motions for a su...

Ex parte Joshua Kilgro.
Date: September 2, 2016
Docket Number: 1150533
Ex parte Wilcox County Board of Education  
Date: September 2, 2016
Docket Number: 1150812

Justia Opinion Summary: The Wilcox County Board of Education ("the Board") and Lester Turk, in his official capacity as a member of the Board (collectively, "defendants"), petitioned the Supreme Court for a writ of mandamus directing the Wilcox...

Boman v. City of Gadsden  
Date: September 2, 2016
Docket Number: 1150987

Justia Opinion Summary: John Boman appealed the grant of summary judgment in favor of the City of Gadsden. Boman worked as a Gadsden police officer from 1965 until he retired in 1991. Following his retirement, Boman elected to pay for retiree h...

Ex parte Donald C. Cox.
Date: September 2, 2016
Docket Number: 1150989
Ex parte Hospice Family Care.
Date: September 2, 2016
Docket Number: 1150995
Cottles v. Norfolk Southern Railway Co.  
Date: August 26, 2016
Docket Number: 1140632

Justia Opinion Summary: Before the incident that precipitated this lawsuit, Jeff Cottles had worked as a track switchman for Norfolk Southern Railway Company for seven years. The process of "throwing" a switch involves pulling the handle up, mo...

Ex parte John R. Williams.
Date: August 19, 2016
Docket Number: 1140374
Hosford v. BRK Brands, Inc.  
Date: August 19, 2016
Docket Numbers: 1140901, 1140899

Justia Opinion Summary: Consolidated appeals arose from the death of four-year-old Nevaeh Johnson in a fire that destroyed her family's mobile home in May 2011. Following Nevaeh's death, Nevaeh's mother, Latosha Hosford; Latosha's husband, Chad...

Lincoln National Life Insurance Company v. Kurtrina Smith
Date: August 19, 2016
Docket Number: 1141101
Ex parte Lincare Inc.  
Date: August 19, 2016
Docket Number: 1141373

Justia Opinion Summary: Lincare Inc. and one of its employees, Angela Stewart, petitioned for a writ of mandamus to direct the Jefferson Circuit Court to vacate its denial of their motion to dismiss certain tort claims asserted against them in...

Lincoln National Life Insurance Company v. Rickey Levins
Date: August 19, 2016
Docket Number: 1150055
African Methodist Episcopal Church, Inc. v. Levins  
Date: August 19, 2016
Docket Numbers: 1150156, 1150055, 1141101, 1141100

Justia Opinion Summary: Kurtrina Smith and Rickey Levins separately initiated actions against defendants the African Methodist Episcopal Church, Inc. ("the AME Church"); James L. Davis, bishop and presiding officer of the AME Church's Ninth Epi...

Elkins v. Carroll  
Date: August 12, 2016
Docket Number: 1150529

Justia Opinion Summary: Jason Elkins and his wife Paula appealed the grant of summary judgment in favor of Stanley Maguire, Gabriel Collins, and Jeff Carroll. TDY Industries, LLC ("TDY"), hired Jason as a screener operator in 1998. Jason Elkins...

Ex parte Jimmy Harris.
Date: July 29, 2016
Docket Number: 1141345
Ex parte Town of Mosses.  
Date: July 29, 2016
Docket Numbers: 1141385, 1141345

Justia Opinion Summary: The Town of Mosses and its chief of police Jimmy Harris, separately petitioned the Alabama Supreme Court for a writ of mandamus directing the Lowndes Circuit Court to enter a summary judgment in their favor on certain cl...

State of Alabama ex rel. Luther Strange v. Tyrone Clark, Sr.
Date: July 27, 2016
Docket Number: 1151021
Ex parte Providence Hospital.  
Date: July 15, 2016
Docket Numbers: 1150363, 1150362

Justia Opinion Summary: Defendants Providence Hospital and Bio-Medical Applications of Alabama, Inc., d/b/a BMA Magnolia a/k/a Fresenius Medical Care Magnolia Grove separately petitioned the Alabama Supreme Court for a writ of mandamus to direc...

Markham v. Noble  
Date: July 8, 2016
Docket Numbers: 1141168, 1141166, 1141158

Justia Opinion Summary: Northstar Anesthesia of Alabama, LLC ("Northstar"), and Maria Bolyard, CRNA; Parkway Medical Clinic, Inc., d/b/a Parkway Medical Center ("Parkway"); and Jeffrey Markham, M.D. ("Dr. Markham") (collectively referred to as...

Cutler v. University of Alabama Health Services Foundation, P.C.  
Date: July 8, 2016
Docket Number: 1150546

Justia Opinion Summary: George E. Cutler appealed the dismissal of his medical-malpractice action against the University of Alabama Health Services Foundation, P.C. ("the University"), and Paul G. Matz, M.D. Cutler alleged defendants had been n...

Ex parte J.W.B. and J.J.B.  
Date: July 1, 2016
Docket Number: 1150075

Justia Opinion Summary: D.W. and J.B. were married on January 25, 2011, and divorced over a year and a half later (June 14, 2012). Testimony at trial indicated that a child was conceived in late September or early October 2012, and born on June...

Ex parte Amanda Holderfield.  
Date: July 1, 2016
Docket Number: 1150165

Justia Opinion Summary: Amanda Holderfield was convicted of second-degree assault. She was sentenced to 60 months' imprisonment; that sentence was suspended, and Holderfield was ordered to serve 3 years' supervised probation, to undergo mental-...

Cockrell v. Pruitt  
Date: June 30, 2016
Docket Number: 1140849

Justia Opinion Summary: Juakeishia Pruitt filed a legal-malpractice claim against Bobby Cockrell, Jr., and Cockrell & Cockrell ("the Cockrell law firm"). Cockrell appealed the grant of summary judgment in favor of Pruitt. The claims in this cas...

Hinrichs v. General Motors of Canada, Ltd.  
Date: June 24, 2016
Docket Number: 1140711

Justia Opinion Summary: Plaintiff Florian Hinrichs was riding in the front passenger seat of a 2004 GMC Sierra 1500 pickup truck that was owned and operated by his friend Daniel Vinson when they were involved in a motor-vehicle accident. Kennet...

Ex parte Maxwell Uhakheme.
Date: June 24, 2016
Docket Number: 1141367
Ex parte Interstate Freight USA, Inc., et al.  
Date: June 24, 2016
Docket Number: 1141422

Justia Opinion Summary: Petitioners Interstate Freight USA, Inc., Interstate Specialized, Inc., Interstate Freight, Inc. (collectively referred to as "the Interstate companies"), Charles Browning, and Donald Raughton, Sr., filed a petition for...

Ex parte State of Alabama.
Date: June 24, 2016
Docket Number: 1150046
Timothy R. Dees et al. v. Martha Lafaye Dees
Date: June 24, 2016
Docket Number: 1150107
Dees v. Dees  
Date: June 24, 2016
Docket Numbers: 1150123, 1150107

Justia Opinion Summary: This case involved a dispute over who was the proper beneficiary of an individual retirement account ("IRA") owned by decedent Edward F. Dees, Sr. ("Dees"). Timothy Dees, Edward Dees, Jr., and Donna Dees Maddox, Dees's a...

Kendrick v. The Advertiser Company  
Date: June 24, 2016
Docket Number: 1150275

Justia Opinion Summary: Kevin Kendrick, as director of compliance at Alabama State University (ASU), appealed the grant of summary judgment ordering him to provide The Advertiser Company d/b/a The Montgomery Advertiser ("the Advertiser") with r...

Ex parte Alfa Mutual Insurance Company.  
Date: June 10, 2016
Docket Number: 1141038

Justia Opinion Summary: Defendant Alfa Mutual Insurance Company petitioned for mandamus relief when a circuit court denied its motion to strike an amended complaint filed by plaintiffs Ronald and Mary Land on a dispute between the parties on a...

Ex parte Kelly Martin Lucas.  
Date: June 10, 2016
Docket Number: 1150382

Justia Opinion Summary: Defendant Kelly Lucas applied for mandamus relief, requesting that the Alabama Supreme Court direct Shelby Circuit Court to vacate its December 7, 2015, order denying her motion for a summary judgment and to grant the mo...

Ex parte City of Montgomery.
Date: June 10, 2016
Docket Number: 1150439
Ex parte QCHC, Inc., a/k/a Quality Correctional Health Care.  
Date: June 10, 2016
Docket Numbers: 1150452, 1150439

Justia Opinion Summary: Sabrina Jackson, as the administratrix of the estate of Tony Lewis, Jr., deceased, filed a verified petition requesting preaction discovery from defendants the City of Montgomery ("the City") and QCHC, Inc., a/k/a Qualit...

Ex parte Richard L. Watters.  
Date: June 3, 2016
Docket Number: 1140526

Justia Opinion Summary: Richard Watters petitioned the Alabama Supreme Court for a writ of mandamus to direct the Mobile Circuit Court to vacate its order denying his motion for a summary judgment as to count one of an amended complaint filed b...

Har-Mar Collisions, Inc. v. Scottsdale Insurance Company
Date: June 3, 2016
Docket Number: 1141230
Scottsdale Insurance Company v. Har-Mar Collisions, Inc.  
Date: June 3, 2016
Docket Numbers: 1141267, 1141230

Justia Opinion Summary: Har-Mar Collisions, Inc. appealed a circuit court judgment after a jury verdict of $101,054.40 in favor of Har-Mar Collisions on its breach-of-contract claim against Scottsdale Insurance Company. The trial court offset t...

Gaddy v. SE Property Holdings, LLC  
Date: May 27, 2016
Docket Numbers: 1140578, 1140722

Justia Opinion Summary: In 2005, Water's Edge, LLC purchased lots 62-69 of "Re-Subdivision A" in Baldwin County, commonly referred to as Gulf Shores Yacht Club and Marina ("the property"). Fairfield Financial Services, Inc. loaned Water's Edge...

Ex parte E.L.
Date: May 27, 2016
Docket Number: 1140595
Once Upon a Time, LLC v. Chappelle Properties, LLC  
Date: May 27, 2016
Docket Number: 1141052

Justia Opinion Summary: Once Upon a Time,LLC ("OUAT"), appealed by permission a circuit court decision denying OUAT's motion seeking a summary judgment on the third-party complaint filed against it by Chappelle Properties, LLC ("Chappelle"). Ch...

Regions Bank v. Rice  
Date: May 27, 2016
Docket Number: 1141154

Justia Opinion Summary: Regions Bank appealed a circuit court order denying its motion to compel arbitration. In October 2011, Mary Rice opened both a savings account and a checking account with Regions. Rice opened each account by signing a on...

Ex parte K.R.  
Date: May 27, 2016
Docket Number: 1141274

Justia Opinion Summary: In her application for rehearing, K.G.S. did not argue that the Alabama Supreme Court overlooked or misapprehended any point of law or fact in holding that J. Michael Druhan, a Mobile attorney, had been improperly appoin...

Ex parte CVS Pharmacy, L.L.C.  
Date: May 27, 2016
Docket Number: 1150355

Justia Opinion Summary: CVS Pharmacy, L.L.C. ("CVS"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to dismiss the complaint of the plaintiff Mildred Scott, as untimely filed. Scott filed a c...

Ex parte Wayne Farms, LLC.  
Date: May 27, 2016
Docket Number: 1150404

Justia Opinion Summary: Wayne Farms, LLC, petitions this Court for a writ of mandamus ordering the Bullock Circuit Court to vacate its order denying Wayne Farms' motion for a change of venue and to enter an order transferring the underlying act...

Ex parte Derrick Sturdivant.
Date: May 27, 2016
Docket Number: 1150416
Essex Insurance Company and Genesee General Agency, Inc. v. Southern Cleaning Service, Inc.  
Date: May 20, 2016
Docket Numbers: 1140918, 1140870

Justia Opinion Summary: In appeal no. 1140870, Southern Cleaning Service, Inc. ("SCSI"), appealed the grant of summary judgment entered favor of Essex Insurance Company and Genesee General Agency, Inc. (collectively, "the insurance defendants")...

Ex parte Town of Summerdale.
Date: May 13, 2016
Docket Number: 1140793
Ex parte City of Robertsdale.
Date: May 13, 2016
Docket Number: 1140795
Ex parte Baldwin County Sewer Services, LLC.  
Date: May 13, 2016
Docket Numbers: 1140796, 1140795, 1140793

Justia Opinion Summary: Petitioners Town of Summerdale, the City of Robertsdale, and Baldwin County Sewer Services, LLC ("BCSS") independently petitioned the Alabama Supreme Court for certiorari review of a Court of Civil Appeals' decision. In...

St. Union Baptist Church, Inc. v. Howard  
Date: May 13, 2016
Docket Numbers: 1141132, 1141212

Justia Opinion Summary: The Circuit Court dismissed claims asserted by St. Union Baptist Church, Inc. ("the corporation"), against Reverend James M. Howard, Sr., and the counterclaims asserted by Howard against the corporation and its directors...

E.B. Investments, L.L.C. v. Pavilion Development, L.L.C., et al.  
Date: May 13, 2016
Docket Numbers: 1141259, 1141416

Justia Opinion Summary: This nearly two-decade-old case "is a veteran of numerous appellate campaigns." Pavilion Development, LLC's attempted redemption of the property at issue gave rise to five opinions from the Alabama Supreme Court. E.B. In...

Pavilion Development, L.L.C. v. JBJ Partnership et al.
Date: May 13, 2016
Docket Number: 1141416
Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. v. Burden  
Date: May 6, 2016
Docket Number: 1141231

Justia Opinion Summary: Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. ("Jim Bishop"), appealed judgment entered on jury verdicts in favor of Michael and Tina Burden ("Burden"). In 2012, the Burdens sued General Motors, LLC, Jim Bishop, and Lynn...

Adams v. Cleveland  
Date: May 6, 2016
Docket Number: 1141293

Justia Opinion Summary: These matters involved the administration of an estate. In case no. 1141293, Raymond Adams, the executor of the estate of Clifford Wayne Cleveland, appealed the preliminary injunction issued against him at the request of...

Cherry v. Pinson Termite & Pest Control, LLC  
Date: April 29, 2016
Docket Number: 1140369

Justia Opinion Summary: James Cherry appealed the grant of summary judgment entered against him and in favor of Pinson Termite and Pest Control, LLC, and Jerry Pinson. In 2011, Cherry purchased a home. The sales contract required the seller to...

Synovus Bank v. Mitchell  
Date: April 29, 2016
Docket Number: 1141046

Justia Opinion Summary: Synovus Bank appealed a circuit court order denying Synovus's motion to set aside a joint stipulation of dismissal. Synovus sued Tom James Mitchell d/b/a Mitchell Motors ("Mitchell") seeking damages for Mitchell's allege...

Ex parte North American Adjusters, Inc.  
Date: April 22, 2016
Docket Number: 1150278

Justia Opinion Summary: North American Adjusters, Inc. ("North American"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to vacate certain orders denying a jury trial in this case because the written ju...

Ex parte Lanice Clifton Bonds.
Date: April 22, 2016
Docket Number: 1150307
Ex parte William R. Nesbitt.
Date: April 22, 2016
Docket Number: 1150602
Kendrick v. City of Midfield  
Date: April 15, 2016
Docket Number: 1130886

Justia Opinion Summary: Keneisha Kendrick appeals from a summary judgment entered against her and in favor of the City of Midfield ("the City") and one of its police officers, Joseph Wordell, in her action for damages based on personal injuries...

Ex parte Southeastern Energy Corp.  
Date: April 15, 2016
Docket Numbers: 1150294, 1150033

Justia Opinion Summary: Clatus Junkin, a resident of Fayette County, owned and operated Johnco Materials, Inc., a sand and gravel pit located in Lowndes County. At some point in time, Junkin purchased diesel fuel from Southeastern Energy and ha...

Ex parte James Shankles.
Date: April 15, 2016
Docket Number: 1150558
Alabama State University et al. v. Stacy Danley  
Date: April 8, 2016
Docket Numbers: 1140907, 1141241

Justia Opinion Summary: The former athletic director of Alabama State University sued his former employer for what he claimed was wrongful discharge from his duties, and for withholding monies from his paycheck. Disputes arose between the parti...

Ex parte Alabama State Health Planning and Development Agency.  
Date: April 1, 2016
Docket Numbers: 1141043, 1141042

Justia Opinion Summary: The Alabama State Health Planning and Development Agency ("SHPDA") granted HealthSouth of Alabama, LLC ("HealthSouth") a certificate of need ("CON") allowing HealthSouth to operate 17 inpatient physical-rehabilitation be...

Ex parte William Ernest Kuenzel.
Date: April 1, 2016
Docket Number: 1141359
Ex parte Herman Buford Cowart, Jr.
Date: April 1, 2016
Docket Number: 1150286
State of Alabama v. $223,405.86 et al.
Date: March 31, 2016
Docket Number: 1141044
KC Economic Development, LLC v. Alabama  
Date: March 31, 2016
Docket Numbers: 1150027, 1141044

Justia Opinion Summary: The State of Alabama appealed circuit court orders dismissing the State's petition for forfeiture of certain electronic-gambling devices and related records and currency located at VictoryLand casino (appeal no. 1141044)...

Stockham v. Ladd  
Date: March 25, 2016
Docket Numbers: 1140407, 1140365

Justia Opinion Summary: Virginia Ladd appealed the grant of summary judgment in favor of Margaret Stockham, as personal representative of the estate of Herbert Stockham, deceased (appeal no. 1140365). Stockham cross-appealed the circuit court's...

Ex parte Liberty National Life Insurance Company.  
Date: March 25, 2016
Docket Number: 1140612

Justia Opinion Summary: Liberty National Life Insurance Company petitioned the Alabama Supreme Court for a writ of certiorari to review the Court of Civil Appeals' decision: (1) holding, as a matter of first impression, that 27-14-3(f), Ala. Co...

Ex parte K.R.  
Date: March 25, 2016
Docket Number: 1141274

Justia Opinion Summary: K.R. petitioned the Alabama Supreme Court for a writ of mandamus to direct the Mobile Probate Court to set aside its interlocutory order: awarding temporary custody of her biological child, E.R., to K.G.S. during the pen...

Ex parte Chad Bostick.  
Date: March 25, 2016
Docket Number: 1141358

Justia Opinion Summary: Chad Bostick petitioned for a writ of certiorari seeking review of the Court of Civil Appeals' opinion reversing a circuit court judgment that reversed the administrative order issued by the Alabama Board of Examiners of...

Schlumpf v. D'Olive  
Date: March 25, 2016
Docket Number: 1141365

Justia Opinion Summary: L.D. Owen III, as guardian ad litem for Wanda L. and Wesley A. Schlumpf ("Owen"), minor children, appealed a probate court order allowing the sale of real property held by the estate of James W. Schlumpf ("the decedent")...

Ex parte James R. Hall.  
Date: March 25, 2016
Docket Number: 1150089

Justia Opinion Summary: The Alabama Supreme Court granted certiorari review to determine whether there was a "fatal variance" between the indictment, which charged James Hall with theft of "currency," and the evidence produced at trial, which e...

Ex parte M.G.D.
Date: March 25, 2016
Docket Number: 1150417
Ex parte Willie Lee Conner.
Date: March 25, 2016
Docket Number: 1150448
South Alabama Brick Co., Inc. v. Carwie  
Date: March 18, 2016
Docket Number: 1130345

Justia Opinion Summary: South Alabama Brick Co., Inc., d/b/a Riley-Stuart Supply Co. ("SAB"), appealed a Circuit Court's judgment in the amount of approximately $12.6 million in favor of J. Gregory Carwie, as temporary conservator of Benito Per...

Ex parte Rock Wool Manufacturing Company.  
Date: March 18, 2016
Docket Number: 1141252

Justia Opinion Summary: Rock Wool Manufacturing Company ("Rock Wool") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court ("the circuit court") to vacate its order denying Rock Wool's motions to dis...

Ex parte State of Alabama.
Date: March 18, 2016
Docket Number: 1150336
Mobile County, et al. v. Ashley Rich, District Attorney
Date: March 11, 2016
Docket Number: 1130359
Rich v. Mobile County  
Date: March 11, 2016
Docket Numbers: 1130404, 1130359

Justia Opinion Summary: In case no. 1130359, Mobile County, the Mobile County Commission ("the Commission"), and the individual members of the Commission (collectively, "the County"), appealed a circuit court's judgment ordering the County to p...

Ex parte Norfolk Southern Railway Company, Inc.
Date: March 11, 2016
Docket Number: 1150434
Ex parte State of Alabama ex rel. Alabama Policy Institute  
Date: March 4, 2016
Docket Number: 1140460

Justia Opinion Summary: On February 11, 2015, the State of Alabama on relation of the Alabama Policy Institute and the Alabama Citizens Action Program initiated this case by filing an "Emergency Petition for Writ of Mandamus." The petition soug...

Ex parte Curtis J. Cook, Jr.  
Date: March 4, 2016
Docket Numbers: 1140610, 1140611

Justia Opinion Summary: Petitioners-inmates Curtis Cook and Joe Hold, Jr. filed "petition[s] for release order" pursuant to the Alabama Prisoner Litigation Reform Act (APLRA). Petitioners also filed requests for in forma pauperis ("IFP") status...

Ex parte Joe Daniel Holt, Jr.
Date: March 4, 2016
Docket Number: 1140611
Ex parte Hubbard Properties, Inc. and Warrior Gardens, LLC.  
Date: March 4, 2016
Docket Number: 1141196

Justia Opinion Summary: Defendants Hubbard Properties, Inc., and Warrior Gardens, LLC filed a petition for a writ of mandamus requesting that the Alabama Supreme Court direct the Jefferson Circuit Court to vacate its order denying their motion...

Moore-Dennis v. Franklin  
Date: February 26, 2016
Docket Numbers: 1131142, 1131176

Justia Opinion Summary: PNC Bank, National Association, and Sonja Moore-Dennis separately appealed a Circuit Court order denying their motion to compel arbitration as to Joseph Franklin's claims against them. Franklin had three bank accounts wi...

PNC Bank, National Association v. Joseph A. Franklin
Date: February 26, 2016
Docket Number: 1131176
Kindred Nursing Centers East, LLC. v. Jones  
Date: February 26, 2016
Docket Number: 1140871

Justia Opinion Summary: Kindred Nursing Centers East, LLC, d/b/a 0791-Kindred Transitional Care and Rehabilitation-Whitesburg Gardens ("Whitesburg Gardens"), owned and operated a long-term care and rehabilitation facility. Whitesburg Gardens wa...

Fleming v. Sanders Lead Company, Inc.  
Date: February 26, 2016
Docket Numbers: 1141111, 114112

Justia Opinion Summary: In November 2010, Rodney Williams and Elmer Fleming were employed at KW Plastics Recycling Division, LLP (KWPRD). Williams was employed as a supervisor in the shipping department, and Elmer was training to become a shipp...

Jamarion Williams et al. v. Sanders Lead Company, Inc. et al.
Date: February 26, 2016
Docket Number: 1141112
Ex parte Alabama Department of Corrections et al.  
Date: February 26, 2016
Docket Number: 1141424

Justia Opinion Summary: The Alabama Department of Corrections ("the DOC"); Cheryl Price, former warden of Bibb Correctional Facility; Dwayne Estes, former assistant warden of the facility; and Captain John Hutton, a correctional officer at the...

Ex parte Trimble & Longmire  
Date: February 26, 2016
Docket Number: 1150029

Justia Opinion Summary: Cathy Trimble and Ida Longmire petitioned for a writ of mandamus to direct the Perry Circuit Court to enter a summary judgment in their favor on certain claims asserted against them by Crystal Lewis, individually and by...

Essex Insurance Co. v. Southern Cleaning Service, Inc.  
Date: February 19, 2016
Docket Numbers: 1140918, 1140870

Justia Opinion Summary: In appeal no. 1140870, Southern Cleaning Service, Inc. ("SCSI"), appealed the grant of summary judgment in favor of Essex Insurance Company and Genesee General Agency, Inc. on SCSI's claims stemming from Essex's refusal...

Ussery v. Terry  
Date: February 19, 2016
Docket Number: 1141070

Justia Opinion Summary: Norman Ussery appealed a circuit court order dismissing his action in a will contest against Alan Terry ("Alan"), as executor of the estate of Donald R. Terry ("Donald"). Ussery argued that the circuit court's dismissal...

Hoover General Contractors - Homewood, Inc. v. Key  
Date: February 19, 2016
Docket Number: 1141208

Justia Opinion Summary: Hoover General Contractors – Homewood, Inc. ("HGCH"), appealed a circuit court order denying its motion to compel arbitration of its dispute with Gary Key regarding work performed by HGCH on Key's house in Jasper after t...

Ex parte M.R.
Date: February 19, 2016
Docket Number: 1150285
Farmers Insurance Exchange et al. v. Robert Kyle Morris
Date: February 12, 2016
Docket Number: 1121091
Farmers Insurance Exchange v. Morris  
Date: February 12, 2016
Docket Number: 1121091

Justia Opinion Summary: In 2006, plaintiff Robert Kyle Morris, a licensed insurance agent, was working for his father's independent insurance agency, the Morris Insurance Agency ("Morris Insurance"). At some point, Morris contacted one of the F...

Thomas Jefferson Foundation, Inc. v. Jordan  
Date: February 12, 2016
Docket Numbers: 1140528, 1140586

Justia Opinion Summary: Plaintiffs James Jordan, Sara Jordan Muschamp, and William Jordan (as representative of the estate of Emma K. Jordan, deceased) sued the Thomas Jefferson Foundation, Inc. ("TJF") for: (1) misrepresentation; (2) "slander,...

Ex parte State of Alabama.
Date: February 12, 2016
Docket Number: 1150293
Ex parte State of Alabama.
Date: February 12, 2016
Docket Number: 1150293
Ex parte Engineering Design Group, LLC  
Date: February 5, 2016
Docket Numbers: 1141219, 1141245

Justia Opinion Summary: Engineering Design Group, LLC, and David Stovall, the principal of Engineering Design Group, LLC (collectively, "EDG"), and Building & Earth Sciences, Inc. ("BES"), filed separate petitions to the Alabama Supreme Court,...

Ex parte Building & Earth Sciences, Inc.
Date: February 5, 2016
Docket Number: 1141245
Ex parte Bobby Alford et al.
Date: February 5, 2016
Docket Number: 1141256
Ex parte State of Alabama.  
Date: February 5, 2016
Docket Number: 1141281

Justia Opinion Summary: Devonte Acosta was convicted of first-degree burglary and was sentenced to 156 months in prison. Acosta argued to the Court of Criminal Appeals that the trial court improperly prevented him from presenting his defense th...

St. Paul Fire & Marine Insurance Company v. Britt  
Date: January 29, 2016
Docket Number: 1140423

Justia Opinion Summary: In 2004, Michael Britt purchased a Beneteau brand sailboat. Michael had insured the sailboat with St. Paul pursuant to a Seahorse Underwriters Boat Insurance Policy that provided coverage limits of $85,000 for "accidenta...

Dannelly Enterprises, LLC v. Palm Beach Grading, Inc.  
Date: January 29, 2016
Docket Number: 1140504

Justia Opinion Summary: Dannelly Enterprises, LLC ("Dannelly"), appealed a circuit court order granting a motion to compel arbitration filed by Palm Beach Grading, Inc. ("PBG"). In the fall of 2006, PBG entered into negotiations with Corvias Mi...

Mobile Infirmary Association v. Estate of Madeline Kidd  
Date: January 29, 2016
Docket Numbers: 1140752, 1140706

Justia Opinion Summary: This case concerned the application of the relation-back doctrine to wrongful-death claims. The trial court allowed James O. Kidd, Sr., the personal representative of the estate of Madeline Kidd, to use relation back to...

Ex parte State Farm Mutual Automobile Insurance Company.  
Date: January 29, 2016
Docket Number: 1141039

Justia Opinion Summary: State Farm Mutual Automobile Insurance Company petitioned the Alabama Supreme Court for certiorari review of the Court of Civil Appeals' decision affirming the trial court's judgment ordering State Farm to pay an attorne...

Ex parte Jami L. McLendon.
Date: January 29, 2016
Docket Number: 1141134
Regions Bank v. BP P.L.C. et al.  
Date: January 29, 2016
Docket Number: 1141170

Justia Opinion Summary: Regions Bank appealed a final judgment dismissing its action against BP P.L.C., BP Corporation North America, Inc., and BP America Inc. (collectively, "BP"). In 2010, an explosion and fire occurred aboard the Deepwater H...

Ex parte Fred Lee Bryant.
Date: January 29, 2016
Docket Number: 1150036
Ex parte A.B.C.
Date: January 29, 2016
Docket Number: 1150189
Hardy ex rel. the Estate of Julius Carter, Sr. v. Hardin  
Date: January 22, 2016
Docket Number: 1130612

Justia Opinion Summary: Emma Carter Hardy, acting on behalf of the estate of Julius Carter, Sr., appealed a final order entered by the Montgomery Circuit Court against her and in favor of Julius Hardin in a will contest. Hardy was the daughter...

Ex parte Richard and Betty Chesnut.  
Date: January 22, 2016
Docket Number: 1140731

Justia Opinion Summary: Richard and Betty B. Chesnut petitioned the Alabama Supreme Court for a writ of certiorari seeking review of the Court of Civil Appeals' opinion affirming the Madison Circuit Court's summary judgments in favor of the Cit...

Ex parte Jim Burke Automotive, Inc.  
Date: January 22, 2016
Docket Number: 1141266

Justia Opinion Summary: Defendant Jim Burke Automotive, Inc. petitioned the Supreme Court for a writ of mandamus directing the Hale Circuit Court to vacate its order denying Jim Burke Automotive's motion to transfer the action to the Jefferson...

Ex parte Attorney General Luther Strange, in his official capacity.
Date: January 22, 2016
Docket Number: 1150152
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