Supreme Court of Alabama Decisions 2017
Date: December 29, 2017
Docket Number: 1151317
Justia Opinion Summary: The Alabama Supreme Court granted Clifford Goodman Wright, the administrator of the estate of Mary Evelyn Wright, permission to appeal a circuit court interlocutory order. In that order, the trial court ruled that the…
Date: December 22, 2017
Docket Number: 1150817
Justia Opinion Summary: This was the second time this dispute related to benefits provided under the Public Education Employees' Health Insurance Plan ("PEEHIP") went before the Alabama Supreme Court. In the present case, the remaining…
Date: December 22, 2017
Docket Number: 1160214
Justia Opinion Summary: Robert Wehle died in 2002. The will created a marital trust for Wehle's wife, Gatra Wehle, and a family trust for his daughters and Wehle's granddaughter, Debbie Kloppenberg. The personal representatives were named as…
Date: December 22, 2017
Docket Number: 1160758
Justia Opinion Summary: Defendants Darlene Slamen ("Darlene"), Charles Martin ("Charles"), Wilhelmina Martin ("Wilhelmina"), and Harris Partnership, LLP ("Harris LLP") (collectively referred to as "defendants"), appealed a circuit court order…
Date: December 22, 2017
Docket Number: 1160941
Justia Opinion Summary: In 2014, Shaundalyn Elliott, a resident of Montgomery County, was injured in an automobile accident in the City of Hayneville in Lowndes County. On February 23, 2017, Elliott filed this lawsuit at the Lowndes Circuit…
Date: December 15, 2017
Docket Number: 1160394
Justia Opinion Summary: Appellants Tomeka and Marlon McElroy appealed a circuit court judgment denying their will contest. In 2010, Tracy McElroy filed a petition to probate the will of Clifton McElroy, Jr. Tracy was the executrix; the will was…
Date: December 15, 2017
Docket Number: 1160654
Justia Opinion Summary: Plaintiff Lisa Wilson appealed dismissal of her complaint seeking damages against defendants, University of Alabama Health Services Foundation, P.C. ("UAHSF"); Carla Falkson, M.D.; Tina Wood, M.D.; Ravi Kumar Paluri,…
Date: December 15, 2017
Docket Number: 1160706
Justia Opinion Summary: Tombigbee Healthcare Authority d/b/a Bryan W. Whitfield Memorial Hospital ("the hospital") petitioned for a writ of mandamus to direct the Marengo Circuit Court to vacate its order compelling the hospital to respond to…
Date: December 15, 2017
Docket Number: 1160851
Justia Opinion Summary: Alan Newell appealed the grant of summary judgment against him on various claims and counterclaims relating to two tracts of real property located in Franklin County. This appeal arises from a dispute between a father,…
Date: December 8, 2017
Docket Number: 1160376
Justia Opinion Summary: Mitchell's Contracting Service, LLC ("Mitchell"), appealed a circuit court’s denial of Mitchell's renewed motion for a judgment as a matter of law or for a new trial in a wrongful-death action brought by Robert Guy…
Date: December 8, 2017
Docket Number: 1160661
Date: December 8, 2017
Docket Number: 1160678
Date: December 8, 2017
Docket Number: 1160732
Date: December 1, 2017
Docket Number: 1151212
Date: December 1, 2017
Docket Number: 1160326
Justia Opinion Summary: Profit Boost Marketing, Inc., d/b/a Hometown Values Coupon Magazine ("HVCM"), one of the defendants in the underlying case, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Marshall Circuit Court…
Date: December 1, 2017
Docket Number: 1160673
Date: December 1, 2017
Docket Number: 1160782
Justia Opinion Summary: Petitioners-defendants Angela McClintock, Stephanie Streeter, and Christa Devaughn, all of whom were employees of the Jefferson County Department of Human Resources ("JCDHR"), petitioned for a writ of mandamus requesting…
Date: November 22, 2017
Docket Number: 1160567
Date: November 22, 2017
Docket Number: 1160894
Justia Opinion Summary: Clinton Carter, in his official capacity as Director of Finance of the State of Alabama, and Chris Roberts, in his official capacity as director of the Alabama Office of Indigent Defense Services petitioned the Alabama…
Date: November 22, 2017
Docket Number: 1160914
Justia Opinion Summary: The Maintenance Group, Inc. petitioned the Alabama Supreme Court for a writ of mandamus to direct the Madison Circuit Court to enter an order dismissing the claims against it based on lack of personal jurisdiction. This…
Date: November 21, 2017
Docket Number: 1160814
Justia Opinion Summary: James Wood, a retired circuit court judge, appealed the grant of summary judgment in favor of: the State of Alabama; Luther Strange, in his capacity as Attorney General for the State of Alabama; David Bronner, in his…
Date: November 17, 2017
Docket Number: 1140545
Date: November 17, 2017
Docket Number: 1141405
Date: November 17, 2017
Docket Number: 1150040
Date: November 17, 2017
Docket Number: 1151314
Date: November 17, 2017
Docket Number: 1160026
Date: November 17, 2017
Docket Number: 1160425
Date: November 9, 2017
Docket Number: 1160474
Justia Opinion Summary: Leigh Shelton, as the personal representative of the estate of Margaret Blansit, deceased, appealed a judgment in favor of I.E. Green in a personal-injury action brought by Shelton seeking damages for injuries Blansit…
Date: November 9, 2017
Docket Number: 1160671
Justia Opinion Summary: Sheila Ingle ("Ingle") appealed a circuit court order dismissing her claims against Jason Adkins, individually and in his capacity as superintendent of the Walker County School System; the Walker County Board of…
Date: November 9, 2017
Docket Number: 1160696
Justia Opinion Summary: Candy Parkhurst ("Parkhurst"), personal representative of the estate of her husband, Andrew P. Parkhurst ("Andrew"), deceased, file suit to compel Carter C. Norvell and Parkhurst & Norvell, an accounting firm Norvell had…
Date: November 3, 2017
Docket Number: 1150118
Justia Opinion Summary: Timothy Thomas appealed from judgments entered in favor of Randell Heard and Donna Heard and in favor of Laura Wells, as guardian ad litem and next friend of M.A., a minor. The Heards and Wells had separately sued Thomas…
Date: November 3, 2017
Docket Number: 1150119
Date: November 3, 2017
Docket Number: 1151313
Justia Opinion Summary: Plaintiffs Johnny Mack Morrow, a member of the Alabama House of Representatives, and Jim Zeigler, auditor for the State of Alabama appealed a circuit court judgment dismissing their complaint filed against Robert…
Date: November 3, 2017
Docket Number: 1160171
Justia Opinion Summary: Jami Johnston appealed a judgment entered in favor of Castles and Crowns, Inc. ("Castles"). Castles was a children's clothing company formed by Julie Vickers and Amy Bowers. Brandi Stuart, Johnston's sister, worked for…
Date: October 27, 2017
Docket Number: 1151011
Justia Opinion Summary: Plaintiffs Frank and Martha Buck, challenged the Court of Civil Appeals’ decision to affirm the trial court's judgment in favor of defendants CH Highland, LLC (“Highland”) and the City of Birmingham (“City”) in their…
Date: October 27, 2017
Docket Number: 1151268
Date: October 27, 2017
Docket Number: 1151315
Date: October 27, 2017
Docket Number: 1160082
Justia Opinion Summary: Douglas Ghee, as personal representative of the estate of Billy Fleming, deceased, appealed a circuit court order dismissing his wrongful-death claim against USAble Mutual Insurance Company d/b/a Blue Advantage…
Date: October 20, 2017
Docket Number: 1151347
Date: October 20, 2017
Docket Numbers: 1160049, 1151347, 1160158
Justia Opinion Summary: Georgia Urology, P.A., and several of its member physicians filed objections to challenge a $124 million attorney fee awarded by the Jefferson Alabama Circuit Court to class counsel as part of the settlement of Johnson…
Date: October 20, 2017
Docket Number: 1160158
Date: October 13, 2017
Docket Number: 1150236
Justia Opinion Summary: Alice Lynn Harper Taylor ("Alice") petitioned the Alabama Supreme Court for a writ of mandamus directed to the Monroe Probate Court, requesting that court enter orders: (1) reinstating her petition to probate a will…
Date: October 13, 2017
Docket Number: 1150370
Justia Opinion Summary: Defendant Travelers Indemnity Company of Connecticut ("Travelers") appealed a circuit court’s denial of its post-judgment motion seeking to set aside judgment entered on a jury verdict in favor of plaintiff Angela…
Date: October 3, 2017
Docket Number: 1151312
Date: September 29, 2017
Docket Number: 1111250
Justia Opinion Summary: Jerry Rape appealed the circuit court’s dismissal of his action alleging breach of contract and various tort claims against the Poarch Band of Creek Indians ("the Tribe”), PCI Gaming Authority, Creek Indian Enterprises,…
Date: September 29, 2017
Docket Number: 1130168
Justia Opinion Summary: Benjamin Harrison was injured during the early morning hours of March 1, 2013, when, as a passenger, he was involved in an automobile accident following a high-speed police chase on a portion of a county roadway that…
Date: September 29, 2017
Docket Number: 1150040
Justia Opinion Summary: Conecuh Timber, Inc., Ayres Forestry, Inc., BAR Forest Products, LLC, Dry Creek Loggers, Inc., Pea River Timber Company, Inc., Pineville Timber Co., LLC, and THE Timber Company, LLC ("TTC") (collectively referred to as…
Date: September 29, 2017
Docket Number: 1151312
Justia Opinion Summary: Casey Wilkes and Alexander Russell appealed the grant of summary judgment favor of PCI Gaming Authority d/b/a Wind Creek Casino and Hotel Wetumpka ("Wind Creek-Wetumpka"), and the Poarch Band of Creek Indians…
Date: September 29, 2017
Docket Number: 1160202
Justia Opinion Summary: Janice Pickens appealed a probate court order denying the admission to probate of a will on the basis that the will was not signed by at least two witnesses as required by section 43-8-131, Ala. Code 1975. The Alabama…
Date: September 29, 2017
Docket Numbers: 1160372, 1160373, 1160374
Justia Opinion Summary: Locklear Chrysler Jeep Dodge, LLC, and Locklear Automotive Group, Inc. (collectively, "Locklear"), sought a writ of mandamus to order the Bibb Circuit Court to vacate certain discovery orders in actions filed against…
Date: September 29, 2017
Docket Number: 1160373
Date: September 29, 2017
Docket Number: 1160374
Date: September 29, 2017
Docket Numbers: 1160375, 1160335, 1160336, 1160337, 1160435, 1160437, 1160436
Justia Opinion Summary: At issue in this appeal were denials of motions to compel arbitration filed by Locklear Chrysler Jeep Dodge, LLC ("Locklear CJD"), and Locklear Automotive Group, Inc. ("Locklear Group"), in actions filed by plaintiffs…
Date: September 29, 2017
Docket Number: 1160435
Date: September 29, 2017
Docket Number: 1160436
Date: September 29, 2017
Docket Number: 1160437
Date: September 22, 2017
Docket Number: 1160539
Justia Opinion Summary: Terrence Venter and the City of Selma ("the City") petitioned the Alabama Supreme Court to issue a writ of mandamus to direct the Dallas Circuit Court to vacate its February 20, 2017, order denying their motion for a…
Date: September 22, 2017
Docket Number: 1160541
Justia Opinion Summary: D.B. and K.S. petitioned the Alabama Supreme Court for certiorari review of the Court of Civil Appeals' judgment affirming, without opinion, a custody-modification judgment awarding K.S.B. ("the mother") custody of her…
Date: September 22, 2017
Docket Number: 1160578
Justia Opinion Summary: Darlene Slamen, Charles Martin, Wilhelmina Martin, and Harris Partnership, LLP ("Harris LLP") (collectively "the defendants"), appealed a circuit court order granting Herbert Slamen's motion for a preliminary injunction.…
Date: September 22, 2017
Docket Number: 1160660
Justia Opinion Summary: Jimmy Nation, Oliver McCollum, James Pickle, James Nation, Micah Nation, and Benjamin Chemeel II (collectively referred to as "the defendants") appealed the circuit court's denial of their motion to compel arbitration of…
Date: September 15, 2017
Docket Number: 1150833
Justia Opinion Summary: Hershel Easterling, both individually and as the personal representative of the estate of Charlotte Easterling, appealed the grant of a summary judgment in favor of Progressive Specialty Insurance Company ("Progressive")…
Date: September 15, 2017
Docket Number: 1160203
Justia Opinion Summary: Walker Brothers Investment, Inc., and James Walker (collectively, "Walker Brothers") appealed a circuit court order granting a motion for a summary judgment in favor of the City of Mobile ("the City"). In 2012, the City…
Date: September 8, 2017
Docket Number: 1151314
Justia Opinion Summary: Pharmacist Joseph McNamara, Jr. appealed the grant of summary judgment in favor of Benchmark Insurance Company ("Benchmark") in Benchmark's indemnity action against McNamara. Benchmark commenced the indemnity action in…
Date: September 8, 2017
Docket Number: 1160268
Justia Opinion Summary: This case involved two competing claims to a 40-acre tract of land ("the property") and whether the rule of repose could be applied to resolve that dispute. The complications in this case began in 1964, when one of…
Date: September 8, 2017
Docket Number: 1160280
Justia Opinion Summary: Edwyna Ivey ("Edwyna") appealed a circuit court judgment denying her petition for an omitted-spouse share of the estate of her late husband, R.E. Ivey ("R.E."). In 1975, R.E. executed a will leaving the entirety of his…
Date: September 8, 2017
Docket Number: 1160544
Justia Opinion Summary: Altapointe Health Systems, Inc., and Altapointe Healthcare Management, LLC (collectively referred to as "Altapointe"), petitioned for a writ of mandamus to direct the Mobile Circuit Court to vacate its order compelling…
Date: September 1, 2017
Docket Number: 1151077
Justia Opinion Summary: Plaintiffs Mary Hall, as personal representative of the estate of Adolphus Hall, Sr., and Anaya McKinnon, as personal representative of the estate of Wanzy Lee Bowman appealed the dismissal of their class-action claims…
Date: September 1, 2017
Docket Number: 1151099
Justia Opinion Summary: Plaintiffs Managed Health Care Administration, Inc. ("MHCA"), and Alabama Psychiatric Services, P.C. ("APS") appealed the denial of their motion to compel Blue Cross and Blue Shield of Alabama ("Blue Cross") to…
Date: September 1, 2017
Docket Number: 1160028
Justia Opinion Summary: Dow Corning Alabama, Inc., Dow Corning Corporation, Rajesh Mahadasyam, Fred McNett, Zurich American Insurance Company ("Zurich"), and National Union Insurance Company of Pittsburgh, PA ("National Union"), all petitioned…
Date: September 1, 2017
Docket Number: 1160066
Justia Opinion Summary: The Alabama Supreme Court granted Bobby Saarinen and Chris Williams permission to appeal an interlocutory order of the Franklin Circuit Court denying their motion for a summary judgment in Louis Hall's personal-injury…
Date: September 1, 2017
Docket Number: 1160164
Justia Opinion Summary: Dr. Eyston Hunte and his medical practice petitioned for mandamus relief. A former patient, Lisa Johnson, filed suit against Hunte, alleging Hunte sexually abused her during a health examination. Johnson served discovery…
Date: September 1, 2017
Docket Number: 1160212
Justia Opinion Summary: The Turners contended Wells Fargo Bank failed to give them proper notice of foreclosure required pursuant to Section 22 of their mortgage documents. Because they did not receive proper notice required by the mortgage,…
Date: September 1, 2017
Docket Number: 1160381
Justia Opinion Summary: Defendants Robert Przybysz, Ingenuity International, LLC ("Ingenuity"), David Byker, and Global Asset Management Holdings, LLC ("GAM"), filed two petitions for a writ of mandamus. Both petitions sought a writ ordering…
Date: September 1, 2017
Docket Number: 1160383
Date: September 1, 2017
Docket Number: 1160383
Date: September 1, 2017
Docket Number: 1160469
Justia Opinion Summary: The City of Selma ("the City") filed a petition for a writ of mandamus requesting the Alabama Supreme Court direct the Dallas Circuit Court to enter a summary judgment in its favor, based on State-agent immunity, as to…
Date: September 1, 2017
Docket Numbers: 1160469, 1160469
Justia Opinion Summary: The City of Selma ("the City") filed a petition for a writ of mandamus requesting the Alabama Supreme Court direct the Dallas Circuit Court to enter a summary judgment in its favor, based on State-agent immunity, as to…
Date: September 1, 2017
Docket Number: 1160504
Justia Opinion Summary: Defendants Midsouth Paving, Inc., Rennie Jackson, United Services Automobile Association ("USAA"), and Schaeffler Group USA, Inc., and Gelco Corporation separately petitioned the Alabama Supreme Court for writs of…
Date: September 1, 2017
Docket Number: 1160536
Justia Opinion Summary: Defendant Alfa Mutual Insurance Company sought mandamus relief when the Pickens Circuit Court denied its motion to transfer the underlying lawsuit to the Tuscaloosa Circuit Court. In 2016, Richard Holley, a resident of…
Date: September 1, 2017
Docket Numbers: 1160598, 1160598
Justia Opinion Summary: Action Auto Sales, Inc. ("AAS"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Clarke Circuit Court to vacate orders denying AAS' objection to L.M. Stewart and Cathy Cargile's notice of intent…
Date: September 1, 2017
Docket Numbers: 1160598, 1160598
Justia Opinion Summary: Action Auto Sales, Inc. ("AAS"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Clarke Circuit Court to vacate orders denying AAS' objection to L.M. Stewart and Cathy Cargile's notice of intent…
Date: September 1, 2017
Docket Number: 1160620
Justia Opinion Summary: Robert and Carin Diercks, residents of a subdivision located in Escambia County Alabama, purchased a vacant lot in the subdivision located directly behind their house and began constructing a garage. A group of…
Date: August 25, 2017
Docket Number: 1131160
Justia Opinion Summary: The United States Supreme Court vacated the Alabama Supreme Court's earlier judgment in Ex parte Williams, 183 So. 3d 220 (Ala. 2015). Jimmy Williams, Jr., was convicted of murder made capital because it was committed…
Date: August 25, 2017
Docket Number: 1150823
Justia Opinion Summary: Aliant Bank, a division of USAmeribank ("Aliant"), sued various individuals and business entities involved in a failed effort to develop the Twelve Oaks subdivision in Odenville, alleging that, as a result of those…
Date: August 25, 2017
Docket Number: 1160413
Justia Opinion Summary: The Alabama Department of Corrections ("ADOC") petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to enter an order dismissing, on the ground of sovereign immunity the claims asserted…
Date: August 11, 2017
Docket Number: 1151296
Justia Opinion Summary: Daphne Automotive, LLC, and its employee, Robin Sanders appealed a circuit court order denying their motion to compel arbitration of the claims filed against them by Eastern Shore Neurology Clinic, Inc. ("Eastern…
Date: August 11, 2017
Docket Number: 1160656
Justia Opinion Summary: Adrienne Scott purchased from Jack Ingram Motors, Inc. ("Jack Ingram"), a new 2015 Nissan Juke automobile, which had been manufactured by Nissan. Scott took the vehicle to Jack Ingram after smelling fuel in the interior…
Date: July 28, 2017
Docket Number: 1160034
Justia Opinion Summary: Charles Taylor appealed a court order finding he was rightfully removed as the pastor of the Paradise Missionary Baptist Church ("PMBC"). By 2012, PMBC's membership of 16 persons had fractured into 2 groups. It is…
Date: July 21, 2017
Docket Number: 1160132
Date: July 7, 2017
Docket Number: 1140545
Justia Opinion Summary: Mazda Motor Corporation ("Mazda") appealed a judgment entered against it on two jury verdicts resulting from two product liability claims filed in Alabama. The claims stemmed from an accident involving a “Mazda 3” driven…
Date: June 30, 2017
Docket Numbers: 1130590, 1130655
Justia Opinion Summary: In case no. 1130590, Kathryn L. Honea appealed the denial of her motion to vacate an arbitration award entered in favor of Raymond James Financial Services, Inc. ("Raymond James"), and Bernard Michaud, an employee of…
Date: June 30, 2017
Docket Number: 1130655
Date: June 30, 2017
Docket Number: 1150992
Justia Opinion Summary: Wells Fargo Bank, N.A. appealed a circuit court's denial of its claim for attorney fees against National Bank of Commerce ("NBC"). The claim at issue in this appeal stemmed from a lawsuit concerning the deposit of a…
Date: June 30, 2017
Docket Number: 1151145
Justia Opinion Summary: In October 2009, the Town of Summerdale filed a complaint against East Central Baldwin County Water, Sewer and Fire Protection Authority (ECBC) and the county commission, seeking a judgment declaring that the 2002 and…
Date: June 23, 2017
Docket Number: 1160113
Justia Opinion Summary: Mark Robert Engel and Daniel Michael Engel appealed a probate court’s order disqualifying them as co-executors of their mother's estate and appointing a third party to administer the estate. Some of their siblings…
Date: June 23, 2017
Docket Number: 1160333
Justia Opinion Summary: Jewels by Park Lane, Inc. ("JBPL"), and Kathy Cassidy, the national director for JBPL, sought a writ of mandamus compelling the Circuit Court to vacate its order denying their motion to dismiss an action against them on…
Date: June 16, 2017
Docket Number: 1150018
Date: June 16, 2017
Docket Number: 1150028
Justia Opinion Summary: In 2015, RPM Cranes and its owner Muhammad Wasim Ali sued the defendants CraneWorks, Inc. and its owners, David Upton ("David") and Steve Upton ("Steve"), and Russell Brooks, Rick Yates, and Casey Markos, alleging that…
Date: June 16, 2017
Docket Number: 1160070
Justia Opinion Summary: Rainbow Cinemas, LLC ("Rainbow"), Ambarish Keshani, and Harshit Thakker (collectively, "the defendants") appealed a circuit court order denying their motion to compel arbitration of a contract dispute with Consolidated…
Date: June 16, 2017
Docket Number: 1160185
Justia Opinion Summary: Rochester-Mobile, LLC, and Salzman-Mobile, LLC ("Rochester-Salzman"), appealed a judgment entered against them in a declaratory-judgment action relating to the validity of a 25-year sublease between Rochester-Salzman and…
Date: June 16, 2017
Docket Number: 1160226
Justia Opinion Summary: This action concerned a piece of real property located in Calhoun County, Alabama. Lynda Newman, individually and as personal representative of the estate of Oscar Newman, deceased, appealed the summary judgment entered…
Date: May 26, 2017
Docket Number: 1151214
Justia Opinion Summary: Margaret Hulgan tripped and fell at a Fourth of July celebration at a City of Guntersville-owned Civitan Park. She sued the City, and the City claimed immunity under Alabama recreational-use statutes. The trial court…
Date: May 19, 2017
Docket Numbers: 1151000, 1151001, 1151002, 1151003, 1151004, 1151005, 1151006, 1151007
Justia Opinion Summary: Family Security Credit Union ("FSCU") appealed the trial court's denial of its motions to compel arbitration in eight separate but closely related cases. Action Auto Sales ("Action Auto") was a car-financing group that…
Date: May 19, 2017
Docket Number: 1151007
Date: May 19, 2017
Docket Number: 1160080
Justia Opinion Summary: SSC Selma Operating Company, LLC, doing business as Warren Manor Health and Rehabilitation Center, and SavaSeniorCare Administrative Services, LLC, appealed a circuit court order denying their motion to compel…
Date: May 19, 2017
Docket Number: 1160140
Justia Opinion Summary: Lamar Ragland appeals the dismissal of his bad-faith claim against State Farm Mutual Automobile Insurance Company. Ragland sought punitive damages from State Farm based on State Farm's alleged bad-faith failure to pay…
Date: May 19, 2017
Docket Number: 1160144
Justia Opinion Summary: Julie Gerstenecker borrowed money from her mother-in-law Janice Gerstenecker, for help in repaying her student loans. According to Janice, Janice agreed to repay Julie's student loans and Julie agreed to repay Janice by…
Date: May 12, 2017
Docket Number: 1151211
Justia Opinion Summary: Plaintiff Roger Firestone sued defendants Carl Weaver, Charles Tooley, L.C. Collins, Jr. ("L.C."), and Mickie Collins ("Mickie"), alleging that defendants conspired to and brutally assaulted and battered Firestone.…
Date: May 5, 2017
Docket Numbers: 1150822, 1150823, 1150824
Justia Opinion Summary: Aliant Bank, a division of USAmeribank ("Aliant"), sued various individuals and business entities involved in a failed effort to develop the Twelve Oaks subdivision in Odenville, alleging that, as a result of those…
Date: May 5, 2017
Docket Number: 1150823
Date: May 5, 2017
Docket Number: 1150824
Date: May 5, 2017
Docket Numbers: 1151266, 1150511, 1150269
Justia Opinion Summary: Three matters consolidated for review resulted from separate automobile accidents between either an Allstate or a GEICO insured with Underinsured-Motorist (UIM) coverage and allegedly underinsured tortfeasors. In each…
Date: May 5, 2017
Docket Number: 1160087
Justia Opinion Summary: Yolanda Terry, a social worker employed by the Macon County Department of Human Resources ("DHR"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Macon Circuit Court to vacate its order denying…
Date: April 28, 2017
Docket Number: 1141343
Justia Opinion Summary: The Alabama Supreme Court granted Alfa Mutual Insurance Company's petition for a writ of certiorari with respect to the issue whether University of South Alabama Medical Center Hospital's (USA) hospital lien was impaired…
Date: April 28, 2017
Docket Number: 1150716
Justia Opinion Summary: Numerous issues of fact precluded the entry of a summary judgment in this case. Debra Foster introduced sufficient rebuttal evidence in support of her position that North American Bus Industries, Inc.'s ("NABI") stated…
Date: April 21, 2017
Docket Number: 1150536
Justia Opinion Summary: Complete Cash Holdings, LLC ("Complete Cash"), appealed a judgment entered on a jury verdict in favor of Lola Mae Powell. This case arose out of Complete Cash's repossession of Powell's 2002 Chevrolet Avalanche truck…
Date: April 21, 2017
Docket Number: 1151084
Justia Opinion Summary: Laura Miller appeals from a summary judgment entered by the Jefferson Circuit Court ("the circuit court") in favor of the City of Birmingham ("the City"), Sandy Roberts, and Alice Crutchfield (collectively, "the City…
Date: April 21, 2017
Docket Number: 1151329
Justia Opinion Summary: Andrew Barnwell appealed the grant of summary judgment entered in favor of CLP Corporation ("CLP"). CLP owned and operated a McDonald's fast-food restaurant. In 2013, Barnwell visited the restaurant. Barnwell stated that…
Date: April 19, 2017
Docket Number: 1160002
Justia Opinion Summary: On January 23, 2015, Judge Callie Granade of the United States District Court for the Southern District of Alabama, issued an order declaring unconstitutional both the Alabama Sanctity of Marriage Amendment, and the…
Date: April 14, 2017
Docket Number: 1151041
Justia Opinion Summary: In 2004, Walter Price, Alan Goode, William Lunsford ("Lunsford"), and Cathy Lunsford (Lunsford's wife) formed Riverfront Development, LLC ("Riverfront"), with the goal of developing certain real estate located in…
Date: April 14, 2017
Docket Number: 1160494
Justia Opinion Summary: Jerry Nix appealed the entry of summary judgment which found he was an adult in need of protective services under the Adult Protective Services Act of 1976. The Franklin County Department of Human Resources ("DHR")…
Date: March 31, 2017
Docket Number: 1150797
Justia Opinion Summary: Defendants were members of the Birmingham Board of Education and the superintendent of the Birmingham City School System. Defendants appealed the circuit court’s judgment in favor of twenty-four "classified employees" of…
Date: March 31, 2017
Docket Number: 1151039
Justia Opinion Summary: J.J.V. ("the child") was the daughter of J.V. ("the father"). In 2009, the Marshall County Department of Human Resources (DHR) removed J.J.V. from the custody of mother M.M.T. At that time, J.V. was living in Florida,…
Date: March 24, 2017
Docket Number: 1150119
Date: March 24, 2017
Docket Number: 1150475
Justia Opinion Summary: This case began as an interpleader action filed by El Paso E&P Production, L.P. ("El Paso"), to determine who owned the mineral interest in a piece of property located in Walker County ("the Landon parcel"), on which El…
Date: March 24, 2017
Docket Number: 1151310
Justia Opinion Summary: Officer J.C. Clifton and Officer Jason Davis, law enforcement officers for the City of Homewood, and the City of Homewood petitioned for a writ of mandamus to direct the Jefferson Circuit Court to enter a summary…
Date: March 17, 2017
Docket Number: 1130428
Justia Opinion Summary: Andrew Hugine, Jr., Ph.D., Daniel Wims, Ph.D., and Mattie Thomas, Ph.D., petitioned the Alabama Supreme Court for a writ of mandamus directing the Circuit Court to vacate its order that denied their requests for…
Date: March 17, 2017
Docket Number: 1140632
Justia Opinion Summary: Norfolk Southern Railway Company ("Norfolk Southern") applied for a rehearing of the Alabama Supreme Court’s decision which reversed the Morgan Circuit Court's summary judgment in favor of Norfolk Southern in Jeff…
Date: March 17, 2017
Docket Number: 1150326
Date: March 17, 2017
Docket Numbers: 1150327, 1150326
Justia Opinion Summary: Jefferson County and the Jefferson County Commission (collectively "the County parties") appealed a circuit court judgment denying a petition for validation of the warrants filed by the County parties, pursuant to…
Date: March 17, 2017
Docket Number: 1150692
Justia Opinion Summary: In 2004, Deborah and Brian Blackmon executed an agreement establishing a home-equity line of credit with Renasant Bank secured by a mortgage on the Blackmons' house. In addition to making withdrawals on the home-equity…
Date: March 17, 2017
Docket Number: 1150997
Justia Opinion Summary: Kevin McGough, then a firefighter employed by the City of Birmingham ("the city"), alleges that he sustained an injury to his left knee on April 30, 2011, during the course of his employment. For approximately one year…
Date: March 17, 2017
Docket Number: 1151078
Justia Opinion Summary: Robert Newell’s wife Lisa passed away at their home in 2013. Newell requested that Lisa's body be transported to Mobile Memorial Gardens Funeral Home. However, unbeknownst to Newell, Lisa's body was transported to Radney…
Date: March 3, 2017
Docket Number: 1150941
Justia Opinion Summary: Timothy Bevel appeals from an order granting a motion to compel arbitration. In March 2015, Bevel financed the purchase of a used Bennington brand boat and a Yamaha brand boat motor from Guntersville Boat Mart, Inc., and…
Date: March 3, 2017
Docket Numbers: 1151138, 1151244
Justia Opinion Summary: Austal USA, LLC filed two petitions for a writ of mandamus directing the Mobile Circuit Court to dismiss certain claims asserted against it by plaintiffs Michael Keshock, Martin Osborn, Richard Fitzgerald, Tyrone Lucas,…
Date: February 24, 2017
Docket Number: 1131228
Justia Opinion Summary: Teachers Becky Ingram and Nancy Wilkinson petitioned for a writ of mandamus to direct the Tuscaloosa Circuit Court to vacate its order denying their motion for a summary judgment based on State-agent immunity as to all…
Date: February 24, 2017
Docket Number: 1151160
Justia Opinion Summary: In June 2000, the Franklin Circuit Court entered a final judgment approving a settlement agreement in “Taff v. Caremark, Inc.,” a class-action lawsuit against the corporate predecessor of the petitioner, Caremark Rx, LLC…
Date: February 24, 2017
Docket Number: 1151215
Justia Opinion Summary: In 2008, Kimberly Bond sued her former attorney, James McLaughlin, alleging legal malpractice. The trial court entered a summary judgment in favor of McLaughlin. In February 2006, Bond hired McLaughlin to provide legal…
Date: February 24, 2017
Docket Numbers: 1160121, 1160125
Justia Opinion Summary: In 2016, the Alabama High School Athletic Association ("the Association") and its executive director, Steven Savarese, filed petitions for a writ of mandamus challenging certain conflicting circuit court orders, issued…
Date: February 24, 2017
Docket Number: 1160125
Date: February 17, 2017
Docket Numbers: 1150302, 1150876
Justia Opinion Summary: Charles Breland was a developer of real property, with properties in Alabama and Florida. In 2002, Breland hired David Hudgens to provide legal services for him and his companies. According to Hudgens, Breland informed…
Date: February 17, 2017
Docket Number: 1150813
Justia Opinion Summary: Melvin Hasting appealed a trial court's order dismissing his claim seeking injunctive relief against Christopher Roberts, individually and in his official capacity as the director of the Office of Indigent Defense…
Date: February 17, 2017
Docket Number: 1150876
Date: February 17, 2017
Docket Number: 1151173
Justia Opinion Summary: Betty Collins appealed the grant of summary judgment in favor of defendants Ricardo Herring, D.C., and Herring Chiropractic Center, LLC. Collins sought damages for alleged medical malpractice with respect to treatment of…
Date: February 17, 2017
Docket Number: 1151339
Date: February 10, 2017
Docket Number: 1150764
Justia Opinion Summary: Melissa Bain, in her capacity as the personal representative of the estate of her deceased husband Christopher Heath ("Heath"), appealed the grant of summary judgment in favor of Colbert County Northwest Alabama Health…
Date: February 3, 2017
Docket Number: 1151067
Justia Opinion Summary: Sherri Hurst and Brenda Ray had been friends and neighbors for approximately 20 years before the incident that is the basis of the underlying action. One day in 2013, Ray telephoned Hurst and asked her to accompany her…
Date: January 27, 2017
Docket Number: 1150041
Justia Opinion Summary: Warren and Johanna Grimes appealed a declaratory judgment holding that a liability policy issued by Alfa Mutual Insurance Company ("Alfa") did not provide coverage for a user of an automobile who did not have the express…
Date: January 27, 2017
Docket Number: 1150400
Justia Opinion Summary: Myron Yarbrough appealed a circuit court judgment entered against him in his action alleging legal malpractice against Steven Eversole, Richard Perry, Jr., and Eversole Law, LLC ("the firm"). In 2006, Yarbrough was…
Date: January 27, 2017
Docket Number: 1150654
Justia Opinion Summary: The Alabama Department of Conservation and Natural Resources ("the Department") appealed a judgment declaring that section 9-11-88(b), Ala. Code 1975, was void because it is a local law and was not properly advertised as…
Date: January 27, 2017
Docket Number: 1151122
Justia Opinion Summary: Tenax Corporation ("Tenax") and Tenax Manufacturing Alabama, LLC ("Tenax Alabama"), petitioned the Alabama Supreme Court for a writ of mandamus directing the Conecuh Circuit Court to enter a summary judgment in their…
Date: January 27, 2017
Docket Number: 1151204
Justia Opinion Summary: University Toyota and University Chevrolet Buick GMC (collectively referred to as "the University dealerships") appealed a circuit court order allowing Beverly Hardeman and Vivian Roberts to pursue their claims against…
Date: January 13, 2017
Docket Number: 1151149
Justia Opinion Summary: FMR Corp. n/k/a FMR LLC, Fidelity Management Trust Company, and Fidelity Brokerage Services LLC (collectively, "Fidelity") appealed a circuit court order denying their motion asking the court to compel Elizabeth Howard…
Date: January 6, 2017
Docket Number: 1140991
Justia Opinion Summary: Adam Hilyer appealed a circuit court order denying his request to set aside a default judgment entered against him in a suit brought by Betti Fortier, mother and next friend of minor M.M. In 2013, Hilyer was backing a…
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