Supreme Court of Alabama Decisions 2020
Opinions 1 - 500 of 692
Date: December 31, 2020
Docket Number: 1180492
Justia Opinion Summary: Charles K. Breland, Jr., purchased land in Baldwin County, Alabama to build a housing subdivision. The subdivision he planned to construct required filling about 10.5 acres of wetlands, which the City of Fairhope and…
Date: December 31, 2020
Docket Number: 1190205
Date: December 31, 2020
Docket Number: 1190251
Justia Opinion Summary: SE Property Holdings, LLC ("SEPH"), the successor by merger to Vision Bank, and FNB Bank ("FNB") separately appealed a circuit court's judgments on their breach-of-contract claims against Bama Bayou, LLC, formerly known…
Date: December 31, 2020
Docket Number: 1190260
Justia Opinion Summary: Janice and Timothy McGill appealed a circuit court judgment against them in their medical-malpractice lawsuit against Victor Szymela, M.D. The McGills alleged that Dr. Szymela failed to properly perform Janice's…
Date: December 31, 2020
Docket Number: 1190423
Justia Opinion Summary: Johnson & Johnson and other pharmaceutical defendants sought mandamus relief from an Alabama circuit court order that refused to transfer venue of the underlying lawsuit to the Jefferson County, Alabama circuit court, on…
Date: December 31, 2020
Docket Number: 1190533
Justia Opinion Summary: Wayne Farms LLC appealed a circuit court order compelling it to arbitrate its claims asserted against Primus Builders, Inc., and staying the action. Wayne Farms was a poultry producer located in Dothan, Alabama. Wayne…
Date: December 18, 2020
Docket Number: 1180252
Date: December 18, 2020
Docket Numbers: 1180302, 1180252
Justia Opinion Summary: Attorney Burt Newsome and his law practice Newsome Law, LLC (collectively, "the Newsome plaintiffs"), sued attorney Clark Cooper; Cooper's former law firm Balch & Bingham, LLP ("Balch"); John Bullock; Claiborne Seier…
Date: December 18, 2020
Docket Number: 1180908
Date: December 18, 2020
Docket Number: 1181002
Justia Opinion Summary: Thomas Martin ("Thomas") appealed a circuit court judgment dismissing his declaratory-judgment action for lack of subject-matter jurisdiction. Henry Thomas Martin ("Henry") died and was survived by his wife, Sheila…
Date: December 18, 2020
Docket Number: 1190555
Justia Opinion Summary: Eleanor Williams appealed a probate court order denying her request for redemption of certain real property. In 2003, the State purchased property located in Birmingham ("the property") at a tax sale after the then…
Date: December 18, 2020
Docket Number: 1190692
Justia Opinion Summary: Varden Capital Properties, LLC ("Varden"), appealed an interlocutory circuit court order denying Varden's motion for summary judgment based on the statute of limitations. Alexis Reese alleges that, on October 29, 2016,…
Date: December 11, 2020
Docket Number: 1190180
Justia Opinion Summary: The State of Alabama appealed a temporary restraining order ("TRO") allowing Gary Lamar Smith, Jr., and SOS Towing, Inc. ("SOS"), the family business owned and operated by Smith, Jr., to recover seized personal property…
Date: December 11, 2020
Docket Number: 1190216
Date: December 11, 2020
Docket Number: 1190300
Date: December 11, 2020
Docket Number: 1190402
Justia Opinion Summary: Law firm Petway Olsen, LLC, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to set aside its order granting the motion filed by Mercedes-Benz USA, LLC ("MBUSA"), seeking…
Date: December 11, 2020
Docket Number: 1190436
Justia Opinion Summary: The Water Works and Sewer Board of the City of Anniston ("the Board") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Calhoun Circuit Court ("the trial court") to vacate its order entering a…
Date: December 11, 2020
Docket Number: 1190589
Justia Opinion Summary: Mark Caton appealed the grant of summary judgment entered in favor of the City of Pelham ("the City"), in his action alleging retaliatory discharge against the City. In approximately 2001, he was hired as a police…
Date: December 11, 2020
Docket Number: 1190852
Justia Opinion Summary: Winston Guthrie sued David Ray Fanning seeking damages for false arrest, malicious prosecution, and defamation. In August 2009, Guthrie entered a guilty plea to the charges of sodomy and sexual abuse of several minor…
Date: December 4, 2020
Docket Number: 1180521
Justia Opinion Summary: Larry Toomey blocked a culvert that had been installed to channel water away from the only road providing access to his property and to the property of his neighbor, Riverside RV Resort, LLC ("Riverside"). Toomey did…
Date: December 4, 2020
Docket Number: 1180904
Justia Opinion Summary: Margaret Stockham, as personal representative of the estate of Herbert Stockham, deceased ("Stockham"), appealed a circuit court judgment denying her motion for reimbursement for costs and attorney fees. The costs and…
Date: December 4, 2020
Docket Number: 1190670
Justia Opinion Summary: Michael Falligant, as next friend of Michelle McElroy, who Falligant alleged was an incapacitated person, filed an action against TitleMax of Alabama, Inc. ("TitleMax"), alleging that TitleMax wrongfully repossessed and…
Date: December 4, 2020
Docket Number: 1190676
Justia Opinion Summary: Robert Segrest, Jr. appealed the dismissal of his petition to contest the validity of the will of Robert C. Segrest. In his will, Robert bequeathed to his wife, Patricia Segrest, a defeasible life estate in his real…
Date: December 4, 2020
Docket Number: 1190765
Justia Opinion Summary: Henry Bradshaw, a defendant in a personal–injury action, petitioned for mandamus relief to direct the circuit court to vacate its order denying his motion to dismiss the claims of plaintiff, Princeton Gregory, and to…
Date: December 4, 2020
Docket Number: 1191064
Date: November 25, 2020
Docket Number: 1190327
Justia Opinion Summary: Dennis Borden, individually and as father and next friend of his son J.B. (minor), appealed the dismissal of his defamation, negligence, wantonness and wilfulness claims against Bobby Malone and Malone's counseling…
Date: November 25, 2020
Docket Numbers: 1190468, 1190469
Justia Opinion Summary: In case 1190468, Lewis and Ellen Richardson, and in case 1190469, Sherry Phelps (collectively, "the landowners") appealed the grant of summary judgment in favor of Mobile County, Alabama in their respective actions…
Date: November 20, 2020
Docket Number: 1180134
Justia Opinion Summary: Kary Meadows was confined in a work-release program for eight months after his sentence ended. In 2009, Meadows pleaded guilty to theft, receiving stolen property, and possession of a controlled substance. He was…
Date: November 20, 2020
Docket Number: 1180834
Date: November 20, 2020
Docket Number: 1190107
Date: November 20, 2020
Docket Number: 1190662
Date: November 20, 2020
Docket Number: 1190699
Date: November 20, 2020
Docket Number: 1190888
Justia Opinion Summary: Tomeka McElroy and Marlon McElroy (collectively, "the contestants") appealed a judgment entered in favor of Tracy McElroy, as the personal representative of the estate of Clifton McElroy, Jr. Clifton McElroy dies in…
Date: November 13, 2020
Docket Number: 1181044
Date: November 13, 2020
Docket Number: 1190262
Date: November 13, 2020
Docket Number: 1190309
Date: November 13, 2020
Docket Number: 1190337
Date: November 13, 2020
Docket Number: 1190368
Date: November 13, 2020
Docket Number: 1190581
Date: November 6, 2020
Docket Number: 1180976
Justia Opinion Summary: Attorney W. Perry Hall petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to vacate its order entered on August 15, 2019 requiring Hall, among other things, to issue a letter of…
Date: November 6, 2020
Docket Number: 1190187
Justia Opinion Summary: Natasha Cunningham petitioned for, and was granted, certiorari review of the Court of Criminal Appeals' judgment holding that the offense of possession of a controlled substance was a lesser-included offense of the…
Date: November 6, 2020
Docket Number: 1190191
Justia Opinion Summary: The Alabama Supreme Court granted certiorari review to Lance LeFleur, in his official capacity as director ("the director") of the Alabama Department of Environmental Management ("ADEM"), seeking review of the Court of…
Date: October 30, 2020
Docket Number: 1180863
Justia Opinion Summary: Birmingham law firm Campbell Law, P.C., represented consumers in legal proceedings against pest-control companies, including The Terminix International Co., LP, and Terminix International, Inc. (collectively referred to…
Date: October 30, 2020
Docket Number: 1190010
Justia Opinion Summary: Ryan Magers appealed the dismissal of his wrongful-death claim against Alabama Women's Center Reproductive Alternatives, LLC ("the AWC"), for its role in the abortion of Baby Roe. In 2017, Baby Roe was aborted at…
Date: October 30, 2020
Docket Number: 1190117
Justia Opinion Summary: Alfa Mutual Insurance Company intervened in a lawsuit brought by its insured, Danielene Myricks, against Kelisha Saulsberry, an uninsured motorist. Two weeks before trial, Alfa moved to opt out of the lawsuit. The…
Date: October 30, 2020
Docket Number: 1190255
Justia Opinion Summary: Brenda and James Gustin appealed the grant of summary judgment entered in favor of Vulcan Termite and Pest Control, Inc. ("Vulcan"), and its general manager, Fred Smith. In 1998, Vulcan was hired by a construction…
Date: October 30, 2020
Docket Number: 1190382
Justia Opinion Summary: The circuit court dismissed with prejudice a complaint relating to an alleged sexual assault of a minor at an Autauga County, Alabama school. Multiple requests for continuances were granted. The last such grant, the…
Date: October 30, 2020
Docket Number: 1190769
Justia Opinion Summary: Defendants D.R.J. and his mother, Dana Sides, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Circuit Court to vacate two orders holding that a pro tanto release executed in their favor was…
Date: October 30, 2020
Docket Number: 1190826
Justia Opinion Summary: The Alabama Department of Revenue ("DOR") petitioned the Alabama Supreme Court for a writ of mandamus to order Judge Eddie Hardaway to recuse himself from an appeal challenging a decision of the Alabama Tax Tribunal in…
Date: October 23, 2020
Docket Number: 1180650
Date: October 23, 2020
Docket Number: 1180752
Date: October 23, 2020
Docket Numbers: 1180777, 1180752
Justia Opinion Summary: The Jefferson County, Alabama Board of Education ("the Board") and several of its employees sought to avoid the application of an occupational tax imposed by the City of Irondale ("City"). The Board and its employees…
Date: October 23, 2020
Docket Number: 1181049
Date: October 23, 2020
Docket Number: 1190285
Justia Opinion Summary: Plaintiff Gerriann Fagan appealed a circuit court order granting defendant Warren Averett Companies, LLC's motion to compel arbitration. Fagan was the owner of The Prism Group, LLC, a human-resources consulting firm. In…
Date: October 16, 2020
Docket Number: 1190294
Date: October 16, 2020
Docket Number: 1190582
Date: October 16, 2020
Docket Number: 1190661
Date: October 16, 2020
Docket Number: 1190669
Date: October 16, 2020
Docket Number: 1190708
Date: October 16, 2020
Docket Number: 1190871
Date: September 30, 2020
Docket Number: 1180200
Justia Opinion Summary: Laurie Ann Ledbetter ("Laurie Ann") and Warren Lewis Ledbetter ("Warren") sued their brother, William Russell Ledbetter ("Russell") alleging he improperly used money placed in an oral trust by their deceased mother, Lois…
Date: September 25, 2020
Docket Number: 1180675
Justia Opinion Summary: Two appeals were consolidated for the purposes of this opinion: case no. 1180675 ("the Lowndes County case"), the State appealed the Lowndes Circuit Court's order granting the motions to dismiss filed by Epic Tech, LLC;…
Date: September 25, 2020
Docket Number: 1180908
Justia Opinion Summary: The issue this case presented for the Alabama Supreme Court's review centered on whether, under the terms of a particular trust instrument, a person adopted as an adult was considered a lineal descendant of a beneficiary…
Date: September 25, 2020
Docket Number: 1181072
Justia Opinion Summary: QHG of Enterprise, Inc., d/b/a Medical Center Enterprise ("QHG"), appealed a circuit court's judgment awarding Amy Pertuit ("Amy") $5,000 in compensatory damages and $295,000 in punitive damages. Leif Pertuit ("Leif")…
Date: September 25, 2020
Docket Number: 1190172
Justia Opinion Summary: Beverlee Gardner petitioned the Alabama Supreme Court for certiorari review of a Court of Criminal Appeals' decision in Gardner v. Alabama, [Ms. CR-18-0368, Sept. 20, 2019] which affirmed the trial court's denial of her…
Date: September 25, 2020
Docket Number: 1190216
Justia Opinion Summary: Regina Hannah appealed the grant of summary judgment in favor of Michael Naughton, M.D.; Michael Naughton, M.D., Ph.D., LLC; Terisa Thomas, M.D., and and Terisa A. Thomas, M.D., P.C. (collectively, "the defendants"), on…
Date: September 25, 2020
Docket Number: 1190644
Justia Opinion Summary: Petitioners Alabama Attorney General Steven Marshall and circuit judges Michael Bradley Almond, Ruth Ann Hall, Brandy Hambright, Jacqueline Hatcher, and Bert Rice, all in their official capacities, petitioned the Alabama…
Date: September 18, 2020
Docket Number: 1180508
Justia Opinion Summary: Protective Life Insurance Company ("Protective") appealed a circuit court judgment entered on a jury verdict against Protective and in favor of Apex Parks Group, LLC ("Apex"), in the amount of $11,495,890.41. Apex, a…
Date: September 18, 2020
Docket Number: 1180843
Justia Opinion Summary: Deitrick Bryant ("Deitrick") committed suicide in his cell while he was an inmate at the Greene County, Alabama jail. Deitrick's mother, as the administrator of his estate, sued two jail employees, alleging that their…
Date: September 18, 2020
Docket Number: 1180852
Justia Opinion Summary: The Alabama Supreme Court granted Mid-Century Insurance Company permission to appeal the denial of its motion for a partial summary judgment in an action seeking underinsured-motorist benefits filed by Rodney Watts, as…
Date: September 18, 2020
Docket Number: 1190011
Justia Opinion Summary: Aaron Kyle Steward sued Nationwide Property and Casualty Insurance Company ("Nationwide"), seeking uninsured-motorist ("UM") benefits after he was injured in an accident at a publicly owned and operated…
Date: September 18, 2020
Docket Number: 1190107
Justia Opinion Summary: Kathleen Hendrix ("Hendrix"), as administratrix of the estate of Kenneth Morris Hendrix, deceased, appeals a circuit court judgment dismissing Hendrix's medical-malpractice wrongful-death claim against United Healthcare…
Date: September 18, 2020
Docket Number: 1190148
Justia Opinion Summary: Advanced Disposal Services South, LLC, Advanced Disposal Services Alabama Holdings, LLC, Advanced Disposal Services, Inc., Tallassee Waste Disposal Center, Inc., and Stone's Throw Landfill, LLC (collectively, "Advanced…
Date: September 18, 2020
Docket Number: 1190819
Date: September 18, 2020
Docket Numbers: 1190820, 1190819
Justia Opinion Summary: Virginia McDorman, conservator for Sim Moseley, appealed a probate court judgment awarding Ralph Moseley, Jr., attorney fees pursuant to the Alabama Litigation Accountability Act ("the ALAA"). Sim had a brother, Ralph…
Date: September 11, 2020
Docket Number: 1180367
Date: September 11, 2020
Docket Number: 1180436
Date: September 11, 2020
Docket Number: 1180828
Date: September 11, 2020
Docket Number: 1190089
Date: September 11, 2020
Docket Number: 1190419
Date: September 11, 2020
Docket Number: 1190451
Date: September 11, 2020
Docket Number: 1190540
Date: September 4, 2020
Docket Number: 1180596
Justia Opinion Summary: Deborah Faison ("Deborah") died from cardiac arrest while she was a patient at Thomas Hospital in Fairhope, Alabama. Her husband Larry Faison ("Faison") then sued Gulf Health Hospitals, Inc. ("Gulf Health"), which owned…
Date: September 4, 2020
Docket Number: 1180650
Justia Opinion Summary: Kimberlee Spencer ("Kimberlee"), as personal representative of the estate of James Scott Spencer ("Scott"), her deceased husband, appealed a judgment as a matter of law entered by the circuit court at the close of…
Date: September 4, 2020
Docket Number: 1180778
Justia Opinion Summary: Jay Campbell, on behalf of himself and a certified class of "other persons similarly situated," appealed the grant of summary judgment on claims challenging the constitutionality of two municipal taxes adopted in 2013 by…
Date: September 4, 2020
Docket Number: 1180834
Justia Opinion Summary: Defendants below, Sam Smith, director of the Calhoun County Department of Human Resources ("CCDHR"); Pamela McClellan, an adult-protective-services caseworker with CCDHR; and Teresa Ellis, McClellan's supervisor…
Date: September 4, 2020
Docket Number: 1190164
Justia Opinion Summary: Cynthia Anthony, former interim president of Shelton State Community College; William Ashley, then-president of Shelton State; and Jimmy Baker, chancellor of the Alabama Community College System ("the ACCS")…
Date: September 4, 2020
Docket Number: 1190232
Justia Opinion Summary: After her claim for coverage under the Public Education Employees' Health Insurance Plan ("PEEHIP") was denied, Marilyn Player sued Blue Cross and Blue Shield of Alabama ("BCBS") at the Macon Circuit Court ("the trial…
Date: September 4, 2020
Docket Number: 1190390
Justia Opinion Summary: N.G., Jr. ("father"); B.J.U., the father's legal guardian; and the N.G., Jr. Special Needs Trust, petitioned the Alabama Supreme Court for mandamus relief, to direct the Russell Juvenile Court to vacate an order…
Date: September 4, 2020
Docket Number: 1190400
Justia Opinion Summary: Laura Casey appealed a circuit court judgment entered against Chris "Chip" Beeker, Jr., Twinkle Andress Cavanaugh, and Jeremy Oden ("the commissioners"), in their official capacities as commissioners of the Alabama…
Date: September 4, 2020
Docket Number: 1190413
Justia Opinion Summary: James Kidd, Jr., and Carolyn Kidd appealed the grant of summary judgment in favor of Edwin and Dianne Benson in their action against the Bensons arising out of a real-estate transaction. In this case, the Kidds signed a…
Date: August 28, 2020
Docket Number: 1170959
Date: August 28, 2020
Docket Number: 1171151
Date: August 28, 2020
Docket Number: 1180051
Date: August 28, 2020
Docket Number: 1180203
Date: August 28, 2020
Docket Number: 1180268
Date: August 28, 2020
Docket Number: 1180649
Date: August 28, 2020
Docket Number: 1190103
Justia Opinion Summary: Capitol Farmers Market, Inc. appealed a circuit court order entered in favor of Cindy C. Warren Delongchamp. In 2003, Delongchamp acquired two adjacent parcels of property burdened by restrictive covenants by her…
Date: August 28, 2020
Docket Number: 1190457
Justia Opinion Summary: Berry Stephens petitioned the Alabama Supreme Court for a writ of mandamus to direct the Coffee Circuit Court to appoint him administrator ad litem of the estate of his mother, Louise Gennuso. The Supreme Court…
Date: August 21, 2020
Docket Number: 1170765
Justia Opinion Summary: Synergies3 Tec Services, LLC ("Synergies3"), and DIRECTV, LLC ("DIRECTV"), appealed a circuit court judgment in favor of Lisa Corvo and Thomas Bonds and against Synergies3 and DIRECTV based on the doctrine of respondeat…
Date: August 21, 2020
Docket Number: 1180670
Date: August 21, 2020
Docket Number: 1180781
Date: August 21, 2020
Docket Number: 1190006
Date: August 21, 2020
Docket Number: 1190025
Justia Opinion Summary: Michael Holt, the coexecutor of the estate of Geneva Holt, deceased, and the defendant in an action involving the estate, appealed a circuit court's judgment in favor of the plaintiff and coexecutor of the estate, Jere…
Date: July 31, 2020
Docket Number: 1180935
Justia Opinion Summary: Sandra Shinaberry petitioned the Alabama Supreme Court for certiorari review of the Court of Civil Appeals' no- opinion affirmance of a circuit court's judgment awarding a fee to a guardian ad litem appointed to…
Date: July 10, 2020
Docket Number: 1180259
Date: July 10, 2020
Docket Number: 1180584
Date: July 10, 2020
Docket Number: 1180828
Date: July 10, 2020
Docket Number: 1180848
Date: July 10, 2020
Docket Number: 1190027
Date: July 10, 2020
Docket Number: 1190069
Date: July 10, 2020
Docket Number: 1190108
Date: July 10, 2020
Docket Number: 1190176
Date: July 10, 2020
Docket Number: 1190183
Date: July 10, 2020
Docket Number: 1190273
Date: July 10, 2020
Docket Number: 1190308
Date: July 10, 2020
Docket Number: 1190325
Date: July 10, 2020
Docket Number: 1190376
Date: July 10, 2020
Docket Number: 1190447
Date: July 2, 2020
Docket Number: 1190193
Justia Opinion Summary: Joann Bashinsky petitioned the Alabama Supreme Court for mandamus relief, seeking to direct the Jefferson Probate Court to vacate orders disqualifying her attorneys from representing her in the underlying proceedings and…
Date: June 30, 2020
Docket Number: 1180152
Justia Opinion Summary: William G. Veitch was a Republican candidate in 2018 for District Attorney of the 10th Judicial Circuit ("Jefferson County D.A.") and a resident of the area of Jefferson County, Alabama known as the Bessemer Cutoff. When…
Date: June 30, 2020
Docket Number: 1180348
Justia Opinion Summary: Leah Brown, Robert Allen Brown ("Allen"), and Cheryl Woddail ("Cheryl") were heirs of Pauline Brown ("Brown"), who died without a will. Leah, Allen, and Cheryl appealed a circuit court judgment authorizing Ellen…
Date: June 30, 2020
Docket Number: 1190159
Justia Opinion Summary: Defendants Curt Freudenberger, M.D., and Sportsmed Orthopedic Surgery & Spine Center, P.C. petitioned the Alabama Supreme Court for a writ of mandamus to direct the Madison Circuit Court to vacate its October 10, 2019,…
Date: June 26, 2020
Docket Numbers: 1180317, 1180319, 1180318
Justia Opinion Summary: Lamerle Miles ("Miles"), as the personal representative of the estate of her deceased mother Tameca Miles ("Tameca"), sued Coosa Valley Medical Center ("CVMC") and other named and fictitiously named parties, alleging…
Date: June 26, 2020
Docket Number: 1180352
Justia Opinion Summary: Angela Williams, as mother and next friend of Li'Jonas Earl Williams, a deceased minor, appealed a judgment as a matter of law entered in favor of the remaining defendants, Dr. Wesley H. Barry, Jr., and Advanced Surgical…
Date: June 26, 2020
Docket Numbers: 1180355, 1180634
Justia Opinion Summary: In appeal no. 1180355, Donald Porter, Marc Porter, Porter Capital Corporation, Porter Bridge Loan Company, Inc., Lowerline Corporation, CapitalPartners Leasing, Inc., and CapitalPartners Leasing, LLC (hereinafter…
Date: June 26, 2020
Docket Number: 1180749
Justia Opinion Summary: Bernadine Odom appealed a summary judgment entered in favor of several supervisory officers in the Alabama Law Enforcement Agency, Department of Public Safety, Highway Patrol Division, in a lawsuit based on the…
Date: June 26, 2020
Docket Number: 1180911
Justia Opinion Summary: H. Chase Dearman petitioned the Alabama Supreme Court for certiorari review of the Court of Criminal Appeals' decision affirming, without an opinion, the Mobile Circuit Court's order finding Dearman in direct contempt.…
Date: June 26, 2020
Docket Number: 1180996
Justia Opinion Summary: Kevin Crook appealed summary judgment entered in favor of Allstate Indemnity Company ("Allstate Indemnity"), Allstate Insurance Company ("Allstate Insurance"), and The Barker Agency (hereinafter collectively referred to…
Date: June 26, 2020
Docket Number: 1181051
Justia Opinion Summary: Mark Stiff's property was sold at a tax sale that took place inside the Bessemer courthouse instead of "in front of the door of the courthouse" as required by section 40-10-15, Ala. Code 1975. He argued that the sale was…
Date: June 26, 2020
Docket Number: 1181060
Justia Opinion Summary: Nancy Beamon, personal representative of the estate of Lois P. Arnott, filed a petition for a writ of mandamus requesting that the Alabama Supreme Court order the Washington Circuit Court to dismiss the complaint filed…
Date: June 26, 2020
Docket Number: 1190208
Justia Opinion Summary: In December 2016, Geraldine Daniels was residing at the Hawthorne at Lily-Flagg apartment complex, which was owned by Hawthorne-Midway Lily Flagg, LLC ("Hawthorne-Midway"), and managed by Hawthorne Residential Partners,…
Date: June 26, 2020
Docket Number: 1190478
Justia Opinion Summary: Doris Sanders petitioned the Alabama Supreme Court for a writ of mandamus directing the Macon Circuit Court to vacate its March 13, 2020, order transferring the underlying action to the Montgomery Circuit Court pursuant…
Date: June 19, 2020
Docket Number: 1170632
Justia Opinion Summary: This matter went before the Alabama Supreme Court on consolidated appeals stemming from an action filed by Nancy Hicks for injuries sustained in an automobile accident. Hicks appealed when the trial court denied her…
Date: June 19, 2020
Docket Number: 1190088
Justia Opinion Summary: Joshua Rogers appealed a preliminary injunction preventing Rogers from soliciting any employees or clients of Burch Corporation, his former employer, as contractually agreed to under restrictive covenants in an…
Date: June 19, 2020
Docket Number: 1190092
Date: June 19, 2020
Docket Number: 1190102
Date: June 19, 2020
Docket Number: 1190110
Date: June 19, 2020
Docket Number: 1190116
Date: June 12, 2020
Docket Number: 1190037
Date: June 12, 2020
Docket Number: 1190105
Justia Opinion Summary: James Blackman petitioned the Alabama Supreme Court for a writ of mandamus directing Judge James Patterson of the Mobile Circuit Court ("the trial court") to set aside an order setting Blackman's case for trial, to…
Date: June 12, 2020
Docket Number: 1190134
Date: June 12, 2020
Docket Number: 1190384
Date: June 5, 2020
Docket Number: 1170743
Date: June 5, 2020
Docket Numbers: 1170771, 1170743
Justia Opinion Summary: Consolidated appeals stemmed from an August 2012 transaction in which SMM Gulf Coast, LLC ("SMM"), purchased the assets of four salvage and recycling businesses in Alabama and Mississippi. After that transaction closed,…
Date: June 5, 2020
Docket Number: 1180154
Justia Opinion Summary: Christian Dailey, a minor, suffered a catastrophic personal injury at a day-care facility run by Resurrection of Life, Inc., d/b/a Perfect Place Christian Academy ("Resurrection of Life"). Christian's parents, Mark and…
Date: June 5, 2020
Docket Number: 1180802
Justia Opinion Summary: Calvin Barnes petitioned the Alabama Supreme Court for a writ of habeas corpus to direct the Mobile Circuit Court to vacate its orders revoking his bail and denying his motion to reinstate his bail. The Supreme Court…
Date: June 5, 2020
Docket Number: 1180820
Justia Opinion Summary: Justin Craft and Jason Craft appealed the grant of summary judgment entered in favor of members of the Lee County Board of Education ("the Board") and the Superintendent of the Lee County Schools, Dr. James McCoy. During…
Date: June 5, 2020
Docket Number: 1190002
Date: June 5, 2020
Docket Number: 1190062
Justia Opinion Summary: Clint Walters appeals from a summary judgment entered by the Montgomery Circuit Court in favor of Montgomery Police Department ("MPD") patrol officer Jessica De'Andrea and Progressive Casualty Insurance Company…
Date: June 5, 2020
Docket Number: 1190276
Justia Opinion Summary: Following an automobile accident in Lee County, Alabama between Dionne Drisker and Sean Michael Allen, Drisker sued Allen, One Bonehead Trucking, Inc. ("Bonehead"), and FedEx Ground Package System, Inc. ("FedEx"), in…
Date: June 5, 2020
Docket Number: 1190321
Justia Opinion Summary: Alabama imposed a license or privilege tax on tobacco products stored or received for distribution within the State ("the tobacco tax"). Under Alabama law, the Department of Revenue could confiscate tobacco products on…
Date: May 29, 2020
Docket Number: 1180649
Justia Opinion Summary: Deer breeders Terry Kennedy and Johnny McDonald sought to raise and hunt bigger deer by artificially inseminating whitetail deer with mule-deer semen. Whether they could do so depended on whether the resulting hybrid…
Date: May 29, 2020
Docket Number: 1180939
Justia Opinion Summary: Joel Kennamer appealed a circuit court's dismissal of his complaint seeking a declaratory judgment, a preliminary injunction, and a permanent injunction against the City of Guntersville, the City's mayor Leigh Dollar,…
Date: May 29, 2020
Docket Number: 1180998
Justia Opinion Summary: TD Bank, National Association and TD Bank US Holding Company (collectively, "TD Bank") petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to dismiss claims filed against them by…
Date: May 29, 2020
Docket Number: 1181076
Justia Opinion Summary: David Turner appealed the grant of summary judgment entered in favor of State Farm Mutual Insurance Company. In August 2017, Turner was on duty as a paramedic and was riding in the passenger seat of an ambulance while…
Date: May 22, 2020
Docket Number: 1180308
Date: May 22, 2020
Docket Number: 1180338
Justia Opinion Summary: In April 2017, Jerry Mohr, a Mobile County resident and an employee of CSX Transportation, Inc. ("CSX"), was injured in an on-the-job accident while working on a crew that was repairing a section of CSX railroad track…
Date: May 22, 2020
Docket Number: 1180729
Date: May 22, 2020
Docket Number: 1180795
Date: May 22, 2020
Docket Number: 1180801
Justia Opinion Summary: Rita Edwards, as mother of Raven Edwards, appealed the grant of summary judgment entered in favor of Penny Pearson on the ground of State-agent immunity. In 2014, Raven, an eight-year-old student at Airport Road…
Date: May 22, 2020
Docket Number: 1180979
Justia Opinion Summary: Russell Construction of Alabama, Inc. ("Russell"), appealed a circuit court order that vacated an arbitration award in favor of Russell and against Christopher Peat. In 2015, Russell and Peat entered into a contract…
Date: May 22, 2020
Docket Number: 1190004
Date: May 22, 2020
Docket Number: 1190374
Date: May 15, 2020
Docket Number: 1180405
Date: May 15, 2020
Docket Number: 1180406
Date: May 15, 2020
Docket Number: 1180926
Justia Opinion Summary: Deborah Shannon suffered from ongoing medical problems she claimed were the result of an automobile accident. The jury that considered the claims she asserted against the other driver rejected her claims and returned a…
Date: May 15, 2020
Docket Number: 1181022
Date: May 15, 2020
Docket Number: 1190176
Date: May 15, 2020
Docket Number: 1190532
Date: May 8, 2020
Docket Number: 1180095
Justia Opinion Summary: Brad Dupree sued PeoplesSouth Bank ("PeoplesSouth"), alleging that PeoplesSouth wrongfully gave the proceeds of a $100,000 certificate of deposit to his father, not him. Jimmy Dupree was Brad's father. In 1993, Jimmy…
Date: May 8, 2020
Docket Number: 1180804
Justia Opinion Summary: Pentagon Federal Credit Union ("PenFed") appealed a circuit court judgment entered in favor of Susan McMahan. McMahan and her husband purchased property in Loxley, Alabama in 2005. The purchase mortgage was provided by…
Date: May 1, 2020
Docket Number: 1170959
Justia Opinion Summary: On April 27, 2015, Charles Hunter ran a red light at an intersection within the corporate limits of the City of Montgomery. At some point "within the past two years," Mike Henderson also ran a red light at another…
Date: May 1, 2020
Docket Number: 1171151
Date: May 1, 2020
Docket Number: 1180051
Date: May 1, 2020
Docket Number: 1180268
Date: May 1, 2020
Docket Number: 1180268
Date: April 24, 2020
Docket Number: 1180451
Justia Opinion Summary: In 2015, Elizabeth Byars was visiting a residence in Huntsville, Alabama owned by Hannelore Sims ("Hannelore") when she was attacked by a pit bull kept by Hannelore's adult grandson Cody Sims ("Cody"), who also resided…
Date: April 24, 2020
Docket Number: 1180786
Justia Opinion Summary: Acting pro se, Costillo Johnson, who, for purposes of this litigation, identified himself as "Asume Bjambe Ausir Imhotep El" ("Johnson"), appealed a circuit court's order dismissing his civil claims of assault and…
Date: April 24, 2020
Docket Number: 1180808
Justia Opinion Summary: Jostens, Inc. ("Jostens"), John Wiggins, and Chris Urnis (collectively, "defendants") appealed a circuit court's denial of their renewed motions for a judgment as a matter of law following the entry of a judgment on a…
Date: April 24, 2020
Docket Number: 1180999
Justia Opinion Summary: Marvin Gray sought mandamus relief to direct the Montgomery Circuit Court to dismiss a complaint filed against him by Ruthie Thomas. In 2017, Thomas was involved in an automobile accident with Gray in a Montgomery…
Date: April 24, 2020
Docket Numbers: 1190092, 1190116, 1190110, 1190102
Justia Opinion Summary: Tamikia Everheart; Cardell Coachman, by and through his mother and next friend Johnitia Coachman; Michael Coleman, as administrator of the estate of Diane McGlown; Mary Weatherspoon; and Elizabeth McElroy, as…
Date: April 24, 2020
Docket Number: 1190102
Date: April 24, 2020
Docket Number: 1190110
Date: April 24, 2020
Docket Number: 1190116
Date: April 17, 2020
Docket Number: 1180554
Date: April 17, 2020
Docket Number: 1180845
Date: April 17, 2020
Docket Number: 1190036
Justia Opinion Summary: Deutsche Bank National Trust Company sought to appeal a circuit court order in a foreclosure action it brought against Dortha and Randy Karr. The Alabama Supreme Court determined the order appealed from was not a final…
Date: April 10, 2020
Docket Number: 1180047
Justia Opinion Summary: Michael Hubbard was charged with 23 counts of violating Alabama's "Code of Ethics for Public Officials, Employees, Etc.," sections 36-25-1 to -30, Ala. Code 1975 ("the Ethics Code"). The Circuit Court entered a judgment…
Date: April 10, 2020
Docket Number: 1180259
Date: April 10, 2020
Docket Number: 1180308
Date: April 10, 2020
Docket Number: 1180710
Date: April 10, 2020
Docket Number: 1180917
Date: April 10, 2020
Docket Number: 1180927
Date: April 10, 2020
Docket Number: 1181015
Justia Opinion Summary: Cedrick Nettles was struck by a wheel that detached from an automobile owned and operated by Antwon Aaron. Nettles sued Ryan Pettway, doing business as Pettway's Paint, Body and Wrecker Service ("Pettway"), alleging that…
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