Supreme Court of Alabama Decisions 2017

Wright v. Cleburne County Hospital Board, Inc.  
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 $1...

Bronner v. Burks  
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 defendan...

Wehle v. Bradley  
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 co...

Slamen v. Slamen  
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 r...

Ex parte Shaundalyn N. Elliott.  
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 Cou...

McElroy v. McElroy  
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...

Chain Store Construction, Inc. v. Doris Swader
Date: December 15, 2017
Docket Number: 1160499
Bryant Bank v. M.E.C. Investments, LLC
Date: December 15, 2017
Docket Number: 1160502
Wilson v. University of Alabama Health Services Foundation, P.C.  
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, M.D...

Ex parte Tombigbee Healthcare Authority d/b/a Bryan W. Whitfield Memorial Hospital.  
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 c...

Ex parte Donald R. Horton and David Auld.
Date: December 15, 2017
Docket Number: 1160816
Newell v. Newell  
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, F...

Ex parte Anthony Tyson.
Date: December 15, 2017
Docket Number: 1160935
Ex parte Liberty Rent Guarantee, LLC.
Date: December 15, 2017
Docket Number: 1161057
Ex parte Theron Lamar Christian.
Date: December 15, 2017
Docket Number: 1170096
Minnie Brown v. Deborah Tisdale, M.D., et al.
Date: December 8, 2017
Docket Number: 1160126
Mitchell's Contracting Service, LLC v. Gleason  
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 Gleas...

Jason Payton v. Adam Thrasher
Date: December 8, 2017
Docket Number: 1160599
Winfrid Waid v. State Farm Mutual Automobile Insurance Company
Date: December 8, 2017
Docket Number: 1160661
Craig J. Payne v. Alabama State University, et al.
Date: December 8, 2017
Docket Number: 1160733
Marvin Franklin v. State of Alabama
Date: December 8, 2017
Docket Number: 1160828
Ex parte David Kimbrough.
Date: December 8, 2017
Docket Number: 1160936
Ex parte City of Homewood.
Date: December 8, 2017
Docket Number: 1161022
Ex parte Jasen Scott Caradine.
Date: December 8, 2017
Docket Number: 1161121
Ex parte Jonathan Fuller.
Date: December 8, 2017
Docket Number: 1161176
Ex parte Jay Cee Maynor.
Date: December 8, 2017
Docket Number: 1170018
Ex parte Gary Bell.
Date: December 8, 2017
Docket Number: 1170047
Ex parte James Beamon-Bey.
Date: December 8, 2017
Docket Number: 1170060
Ex parte Mollie M. Bearden.
Date: December 8, 2017
Docket Number: 1170061
Ex parte Donald Terry Bearden.
Date: December 8, 2017
Docket Number: 1170065
Ex parte M.M.
Date: December 8, 2017
Docket Number: 1170068
Ex parte Charles Quick and Donald Quick.
Date: December 8, 2017
Docket Number: 1170072
Ex parte Ralph T. West.
Date: December 8, 2017
Docket Number: 1170075
Ex parte Stephen Wayne Mount.
Date: December 8, 2017
Docket Number: 1170084
Ex parte Carlton Wayne Holman.
Date: December 8, 2017
Docket Number: 1170085
Ex parte James Keith Larry.
Date: December 8, 2017
Docket Number: 1170099
Ex parte Ronald D. Veteto.
Date: December 8, 2017
Docket Number: 1170101
Ex parte Milton Hambright.
Date: December 8, 2017
Docket Number: 1170104
Ex parte Michael Sheldon Poole.
Date: December 8, 2017
Docket Number: 1170112
Ex parte W. R. G.
Date: December 8, 2017
Docket Number: 1170114
Ex parte Raymond Dennis Earl.
Date: December 8, 2017
Docket Number: 1170116
Ex parte Johnny Johnson.
Date: December 8, 2017
Docket Number: 1170121
Ex parte T. R. S.
Date: December 8, 2017
Docket Number: 1170126
Ex parte John Joseph Banville.
Date: December 8, 2017
Docket Number: 1170127
Ex parte Jack McDonald Calvert.
Date: December 8, 2017
Docket Number: 1170137
Ex parte Profit Boost Marketing, Inc., d/b/a Hometown Values Coupon Magazine.  
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...

Linda R. Sully et al. v. Judith W. Thye
Date: December 1, 2017
Docket Number: 1160527
Ex parte Angela McClintock et al.  
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...

Ex parte Jerry M. Blevins.
Date: November 22, 2017
Docket Number: 1160312
Ex parte Clinton Carter  
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 S...

Ex parte The Maintenance Group, Inc.  
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...

Wood v. Alabama  
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 cap...

Joseph L. McNamara, Jr. v. Benchmark Insurance Company
Date: November 17, 2017
Docket Number: 1151314
Ex parte Otha Lee Woods.
Date: November 17, 2017
Docket Number: 1160619
Ex parte Ryan Gerald Russell.
Date: November 17, 2017
Docket Number: 1160647
Mark Hayden v. William Cashion et al,
Date: November 17, 2017
Docket Number: 1160940
Ex parte Joe Nathan James, Jr.
Date: November 17, 2017
Docket Number: 1160971
Ex parte Renasant Bank f/k/a M & F Bank.
Date: November 17, 2017
Docket Number: 1161085
Ex parte John Russell Calhoun.
Date: November 17, 2017
Docket Number: 1161126
Ex parte Jason Elkins and Paula Elkins.
Date: November 17, 2017
Docket Number: 1161127
Ex parte Christopher Lee Price.
Date: November 17, 2017
Docket Number: 1161153
Shelton v. Green  
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 al...

Ingle v. Adkins  
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 Educatio...

Norvell v. Parkhurst  
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...

Thomas v. Heard  
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...

Morrow v. Bentley  
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 Bentley...

Johnston v. Castles & Crowns, Inc.  
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 C...

Ex parte Buck.  
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 cha...

Ex parte Rockingham Boat Club, Inc.
Date: October 27, 2017
Docket Number: 1151345
Ghee v. USAble Mutual Insurance Co.  
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 Administr...

Walker v. Johnson  
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 v...

Ex parte Alice Lynn Harper Taylor.  
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 alle...

Travelers Indemnity Company of Connecticut v. Worthington  
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 Worthi...

Rape v. Poarch Band of Creek Indians, et al.  
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,...

Harrison v. PCI Gaming Authority  
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 tra...

Alabama River Group, Inc. v. Conecuh Timber, Inc. et al  
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 "...

Wilkes v. PCI Gaming Authority  
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 (collective...

Pickens v. Estate of Donald Harrison Fenn  
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 Su...

Locklear Automotive Group, Inc. v. Brad Hubbard
Date: September 29, 2017
Docket Number: 1160335
Locklear Automotive Group, Inc. v. Jeremy Averette
Date: September 29, 2017
Docket Number: 1160336
Locklear Automotive Group, Inc. v. Carol Fuller
Date: September 29, 2017
Docket Number: 1160337
Ex parte Locklear Chrysler Jeep Dodge, LLC  
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 Loc...

Locklear Chrysler Jeep Dodge, LLC v. Hood  
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 wh...

Locklear Automotive Group, Inc. v. Elizabeth Montana Booth
Date: September 29, 2017
Docket Number: 1160436
Locklear Automotive Group, Inc. v. Dorothea Williams
Date: September 29, 2017
Docket Number: 1160437
Ex parte Terrence Venter & City of Selma.  
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 sum...

Ex parte D.B. and K.S.  
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 d...

Slamen v. Slamen  
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....

Nation et al. v. Lydmar Revocable Trust  
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...

Easterling v. Progressive Specialty Insurance Co.  
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")...

Walker Brothers Investment, Inc. v. City of Mobile  
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...

McNamara v. Benchmark Insurance Co.  
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 a...

Hinote v. Owens et al.  
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 Felix...

Ivey v. Estate of R.E. Ivey  
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 e...

Ex parte Altapointe Health Systems, Inc.  
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...

Hall v. Environmental Litigation Group, P.C.  
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 a...

Managed Health Care Administration, Inc. v. Blue Cross & Blue Shield of Alabama  
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 arbitrat...

Ex parte Dow Corning Alabama, Inc.  
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...

Ex parte Dow Corning Alabama, Inc., et al.
Date: September 1, 2017
Docket Number: 1160028
Saarinen v. Hall  
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 ac...

Ex parte Dr. Eyston Hunte  
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...

Ex parte Trenton Turner, Jr.  
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, th...

Ex parte Robert Przybysz  
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 th...

Ex parte The City of Selma.  
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 c...

Ex parte The City of Selma.  
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 c...

Ex parte Midsouth Paving, Inc.  
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 mandam...

Ex parte Rennie D. Jackson.
Date: September 1, 2017
Docket Number: 1160505
Ex parte United Services Automobile Association.
Date: September 1, 2017
Docket Number: 1160517
Ex parte Alfa Mutual Insurance Company.  
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 P...

Ex parte Action Auto Sales, Inc.  
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...

Ex parte Action Auto Sales, Inc.  
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...

Ex parte Phillip D. Odom, et al.  
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 homeowner...

Ex parte Jimmy Williams, Jr.  
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 du...

Aliant Bank v. Wrathell, Hunt & Associates, LLC  
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 defen...

Ex parte Alabama Department of Corrections.  
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 agai...

Roger D. Firestone v. Carl Weaver
Date: August 11, 2017
Docket Number: 1151211
Daphne Automotive, LLC v. Eastern Shore Neurology Clinic, Inc.  
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 Shore")...

Nissan North America, Inc. v. Scott  
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...

Taylor v. Paradise Missionary Baptist Church  
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 allege...

Mazda Motor Corporation v. Hurst  
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...

Honea v. Raymond James Financial Services, Inc.  
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 Ray...

Wells Fargo Bank, N.A. v. National Bank of Commerce  
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 chec...

Ex parte East Central Baldwin County Water, Sewer and Fire Protection Authority.  
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 20...

Ex parte Zachary Blake Walden.
Date: June 30, 2017
Docket Number: 1160233
Engel v. Amonett  
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 allege...

Ex parte Jewels by Park Lane, Inc.  
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...

Ex parte Ronnie Lynn Kirksey.
Date: June 23, 2017
Docket Number: 1160522
Brooks v. RPM Cranes, LLC  
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 B...

Rainbow Cinemas, LLC v. Consolidated Construction Company of Alabama  
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 C...

Rochester-Mobile, LLC v. C&S Wholesale Grocers, Inc.  
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...

Newman v. Howard  
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...

Ex parte City of Guntersville.  
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 den...

Family Security Credit Union v. Etheredge  
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 f...

Family Security Credit Union v. Kendrick M. Nettles
Date: May 19, 2017
Docket Number: 1151001
Family Security Credit Union v. Wanda J. Pezent
Date: May 19, 2017
Docket Number: 1151002
Family Security Credit Union v. David Moore
Date: May 19, 2017
Docket Number: 1151003
Family Security Credit Union v. Martha H. Dunagan
Date: May 19, 2017
Docket Number: 1151004
Family Security Credit Union v. Gene McClure
Date: May 19, 2017
Docket Number: 1151005
Family Security Credit Union v. Kayla N. Williams
Date: May 19, 2017
Docket Number: 1151006
Family Security Credit Union v. Dana Dunn and Timothy Dunn
Date: May 19, 2017
Docket Number: 1151007
SSC Selma Operating Company, LLC v. Fikes  
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 arbitratio...

Ragland v. State Farm Mutual Automobile Ins. Co.  
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 an...

Gerstenecker v. Gerstenecker  
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...

Firestone v. Weaver  
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. Fires...

Ex parte Allstate Property and Casualty Insurance Company.
Date: May 5, 2017
Docket Number: 1150269
Ex parte Allstate Property and Casualty Insurance Company.
Date: May 5, 2017
Docket Number: 1150511
Aliant Bank v. Four Star Investments, Inc.  
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 defen...

Ex parte GEICO Indemnity Company.  
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 ca...

Ex parte Terry  
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...

Ex parte Alfa Mutual Insurance Company.  
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...

Foster v. North American Bus Industries, Inc.  
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 r...

Ex parte A.M.
Date: April 28, 2017
Docket Number: 1150955
Complete Cash Holdings, LLC v. Powell  
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 bas...

Miller v. City of Birmingham et al.  
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 def...

Barnwell v. CLP Corporation  
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...

Moore v. Alabama Judicial Inquiry Commission  
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 Ala...

Ex parte Walter B. Price  
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 Tuscalo...

Nix v. Franklin County Dept. of Human Resources  
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") alleg...

Woodfin v. Bender  
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...

Ex parte Marshall County Department of Human Resources.  
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, wh...

Timothy Joel Thomas v. Randell Heard and Donna Heard
Date: March 24, 2017
Docket Number: 1150118
Simmons Group, LTD v. Caine O'Rear, Jr. Family Trust  
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...

Ex parte City of Homewood  
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 judgmen...

Ex parte Andrew Hugine, Jr., et al.  
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 qualifie...

Cottles v. Norfolk Southern Railway Co.  
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 Cottle...

Jefferson County v. Taxpayers & Citizens of Jefferson County
Date: March 17, 2017
Docket Number: 1150326
Bennett v. Jefferson County  
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 sectio...

Blackmon v. Renasant Bank  
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 l...

City of Birmingham Retirement & Relief System v. McGough  
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 a...

Newell v. SCI Alabama Funeral Services, LLC  
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...

Ex parte Paudriciquez Martez Fuller.
Date: March 3, 2017
Docket Number: 1150487
Bevel v. Marine Group, LLC  
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...

Ex parte Austal USA, LLC.  
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,...

Ex parte Austal USA, LLC.
Date: March 3, 2017
Docket Number: 1151244
Ex parte Ingram  
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 c...

Ex parte Caremark Rx, LLC  
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...

Bond v. McLaughlin  
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 s...

Ex parte Alabama High School Athletic Assn.  
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 b...

Equity Trust Co. v. Breland  
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 h...

Hasting v. Roberts  
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 Servic...

Collins v. Herring Chiropractic Center, LLC  
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...

Ex parte State of Alabama.
Date: February 17, 2017
Docket Number: 1151287
Bain v. Colbert County Northwest Alabama Health Care Authority  
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 C...

Hurst v. Sneed  
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 t...

Grimes v. Alfa Mutual Ins. Co.  
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...

Yarbrough v. Eversole  
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 convi...

Alabama Dept. of Conservation & Natural Resources v. Kellar  
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...

Ex parte Tenax Corp.  
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 fav...

University Toyota v. Hardeman  
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 t...

FMR Corp. n/k/a FMR LLC, et al. v. Howard n/k/a Hart  
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 n...

Hilyer v. Fortier  
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 tr...

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