Supreme Court of Alabama Decisions 2023

Justia Opinion Summary: The Supreme Court of Alabama dismissed an appeal by the Great American Insurance Company. The insurance company had appealed a lower court's decision denying its motion to invoke the appraisal procedure in a dispute with…

Justia Opinion Summary: In this case before the Supreme Court of Alabama, the plaintiffs were the children of Robert Crum Jr., who was killed when the concrete truck he was driving overturned due to a tire failure. The tire was a 10-year-old…

Justia Opinion Summary: In this case, the Supreme Court of Alabama considered an appeal by David C. Milton, Kelly O. Milton, and two associated entities, Southeastern Land Group, Inc., and Pinhoti Ridge Retreat, LLC, collectively referred to as…

Justia Opinion Summary: The Supreme Court of Alabama has reversed an order by the Dale Circuit Court, which held Omni Healthcare Financial, LLC in contempt for failing to comply with a subpoena. This case arose from claims asserted by Amy Lee…

Justia Opinion Summary: In a dispute involving the foreclosure of a home, the Supreme Court of Alabama upheld the decisions of the lower court in favor of the purchasers of the foreclosed property and the mortgagee. The original homeowners, the…

Justia Opinion Summary: The Supreme Court of Alabama reversed a lower court's judgment regarding the denial of a preliminary plat for a proposed development within the geographical limits of the City of Montgomery. The plaintiffs, T…

Justia Opinion Summary: In Alabama, an attorney was representing three individuals, Charles, John, and Linda Evans, in relation to a car accident. Following the accident, Charles was taken to Shelby Baptist Medical Center and discharged. He…

Justia Opinion Summary: In this case, Eli Global, LLC, and Greg Lindberg appealed a summary judgment entered against them by the Mobile Circuit Court in Alabama. The dispute involved Eli Global's alleged failure to fulfill its obligations on a…

Justia Opinion Summary: This case stemmed from a cold-case murder that took place in 1981. An armed robber broke into a gas station where Russell Douglas was working, shot him several times, robbed the station, and fled. Douglas's murderer…

Justia Opinion Summary: The circuit court entered a judgment on a jury verdict in favor of plaintiff Wayne Fagerstrom, individually and as the administrator of the estate of Sylvia Fagerstrom, deceased. The defendants were Mobile Infirmary…

Justia Opinion Summary: Plaintiff Octavi Perez appealed the grant of summary judgment in favor of Roman’s Restaurant, LLC, d/b/a Roman’s Night Club, on claims for damages under Alabama’s Dram Shop Act. In July 2019, 18-year-old Edgar Perez had…

Justia Opinion Summary: Southern Lift Trucks, LLC ("Southern"), was an Alabama-based, heavy-equipment dealer for Hyundai Construction Equipment Americas, Inc. ("Hyundai Construction"). In May 2022, it filed suit against Hyundai Construction and…

Justia Opinion Summary: McMurray Contracting, LLC ("McMurray"), appealed a circuit court's denial of its second motion to compel arbitration of this case commenced by Kenneth Hardy and his wife Helen Hardy. The Hardys filed suit in December…

Justia Opinion Summary: Plaintiff Steven Dixon appealed the grant of summary judgment in favor of defendants the City of Auburn ("the City"); Ron Anders, in his official capacity as the mayor of the City; and Beth Witten, in her official…

Justia Opinion Summary: Dolgencorp, LLC, appealed a judgment entered on a jury verdict in favor of Deborah Gilliam. In March 2016, Daisy Pearl White Freeman was operating her vehicle in the parking lot of the Northwood Shopping Center. Freeman…

Justia Opinion Summary: State Farm Mutual Automobile Insurance Company ("State Farm") appealed a judgment entered against it on a jury verdict in an automobile-accident case. Brian Wood ("Brian") was driving through an intersection in Auburn…

Justia Opinion Summary: MSE Building Company, Inc. ("MSE") appealed the grant of summary judgment entered in favor of The Stewart/Perry Company ("Stewart/Perry"); Buc-ee's, Ltd., and Buc-ee's Alabama II, LLC (referred to collectively as…

Justia Opinion Summary: This appeal involved a boundary-line dispute between neighbors: Kathleen LaFlore sued her neighbors, Robert and Katherine Huggins, seeking to have the court establish the true boundary line between her property and the…

Justia Opinion Summary: Plaintiffs Karen Watters and Cheryl Yarbrough appealed the grant of summary judgment entered in favor of Birmingham Hematology and Oncology Associates, LLC, d/b/a Alabama Oncology ("Alabama Oncology"), and Brian Adler on…

Justia Opinion Summary: In a defamation action, M.E.J. filed a motion to dismiss based on a lack of personal jurisdiction. The circuit court denied M.E.J.'s motion. She then petitioned the Alabama Supreme Court for a writ of mandamus to direct…

Justia Opinion Summary: Dr. William Morgan, Dr. Carol Zippert, Morris Hardy, Leo Branch, Sr., and Carrie Dancy, each of whom is or was a member of the Greene County Board of Education ("the Board"), petitioned the Alabama Supreme Court for a…

Justia Opinion Summary: Plaintiff-counterclaim defendant Janice Morrison appealed a circuit court's judgment entered in favor of defendants-counterclaim plaintiffs Torry May, Sr., and Angela May. This case involved two parcels of property in…

Justia Opinion Summary: These consolidated appellate proceedings consisted of an appeal filed by Regina Daily ("Regina") and The Daily Catch, Inc., d/b/a Gulf Shores Seafood ("The Daily Catch") (case number SC-2022-0672); a cross-appeal by Greg…

Justia Opinion Summary: Douglas Martinson II and Caleb Ballew ("the lawyers") represented Lesley Hatch in probate court in a dispute over the guardianship of her aunt, Brenda Cummings. During the proceedings, the lawyers withdrew from…

Justia Opinion Summary: In appeal no. SC-2023-0198, Louie Smith, Emily Smith, and Joshua Smith appealed a circuit court judgment declaring that Katherine Stowe had a prescriptive easement over the Smiths' property to allow her to access her…

Justia Opinion Summary: Arthur Smith, individually and as the personal representative of the estate of Sammie Wells Smith, appealed a judgment entered in favor of Michael Smith. Sammie's remaining living children were Michael, Arthur, Larry…

Justia Opinion Summary: Brenda Terrell argued a circuit court erred by denying her motion for new trial following the entry of a judgment on a jury verdict against her and in favor of Alfonza Joshua that awarded Joshua $675,000 in compensatory…

Justia Opinion Summary: Petitioners Insurance Express, LLC ("Insurance Express"), Wayne Taylor, and Julie Singley sought a writ of mandamus to direct a circuit court to vacate an order staying the underlying action against defendants Lynne…

Justia Opinion Summary: Cody Durham filed suit against Jacob Cooper, alleging breach of a purchase agreement between them involving the sale of Cooper's residence. In August 2020, Durham saw a listing on the Facebook Marketplace social-media…

Justia Opinion Summary: Willie Hughes, Sr. ("Willie"), and Marjahn Marley were involved in an automobile accident. Approximately six months later, Willie died from enterococcal sepsis. Dottie Hughes ("Hughes"), as the personal representative of…

Justia Opinion Summary: Baldwin County Bridge Company, LLC ("BCBC"), filed suit against John Cooper in his official capacity as Director of the Alabama Department of Transportation ("ALDOT"), seeking to halt construction of a bridge that ALDOT…

Justia Opinion Summary: Daniel Barefoot, as a personal representative and legatee of the estate of Danny Bryant Barefoot, appealed a probate court order that determined the estate of Donna Viola Barefoot was entitled to a share of Danny's…

Justia Opinion Summary: Consolidated appeals concerned the division of certain assets in the estate of R.E. Ivey ("R.E."). At the time of his death, R.E. was survived by his wife, Edwyna Ivey ("Edwyna"), and his four children from a previous…

Justia Opinion Summary: This appeal related to "electronic-bingo" operations conducted by the Department of Alabama Veterans of Foreign Wars of the United States ("the VFW") at some of its Alabama posts. Travis Whaley and Randall Lovvorn…

Justia Opinion Summary: Dorothy Richey appealed a trial court judgment that set aside a deed conveying an interest in certain property to her on grounds that the grantor, Rodney Morris ("Rodney"), was incompetent at the time he purportedly…

Justia Opinion Summary: This appeal stemmed from a medical-malpractice wrongful-death action filed by Patricia West ("Mrs. West"), the personal representative of the estate of her husband, John West, Jr. ("Mr. West"), against Springhill…

Justia Opinion Summary: In 2019, the Alabama Legislature passed -- and Governor Kay Ivey signed -- House Bill 380 ("H.B. 380"), which became Act No. 2019-393, Ala. Acts 2019. As enacted, H.B. 380 amended various Code provisions, including §…

Justia Opinion Summary: Amanda Howard Real Estate, LLC ("Howard Real Estate"), appealed a partial summary judgment in favor of Clair Lee and JRHBW Realty, Inc. ("RealtySouth"), in Howard Real Estate's suit to enforce a noncompete agreement…

Justia Opinion Summary: Carol Rogers, the administratrix of the estate of Susan Bonner, deceased, filed a wrongful-death action against (1) the Cedar Bluff Volunteer Fire Department; (2) the Cherokee County Association of Volunteer Fire…

Justia Opinion Summary: With the onset of COVID-19, the Alabama Department of Labor received a record number of applications for unemployment benefits. The Department struggled to process the additional million-plus applications in a timely…

Justia Opinion Summary: Luxottica of America, Inc., Jeremiah Andrews, Jr., and Anthony Pfleger appealed a circuit court judgment entered in favor of plaintiff Jackie Lee Bruce on Bruce's claims alleging that Andrews and Pfleger, Luxottica…

Justia Opinion Summary: Dream, Inc., d/b/a Frontier Bingo ("Frontier"), operated an electronic "bingo" facility located in Greene County, Alabama. Frontier refused to pay Tony Samuels $30,083.88 that he purportedly won playing electronic…

Justia Opinion Summary: Alex and Jane Galea fell behind on the mortgage payments for their house in Tuscaloosa; as a result, the property was sold at a foreclosure sale. The property was eventually conveyed to the Secretary of Veterans Affairs…

Justia Opinion Summary: In consolidated appeals, the City of Orange Beach ("the City") appealed a judgment entered in favor of Ian Boles in regard to a dispute over the City's inspection of Boles' property. Between 2013 and 2015 Boles…

Justia Opinion Summary: The circuit court in this case summarily enforced a settlement agreement by ordering defendants to either: (1) pay money directly to plaintiff; or (2) pay money to the clerk of court pending adjudication of plaintiff's…

Justia Opinion Summary: John and Amy Penrose bought a house in Montgomery. After moving in, they discovered multiple problems with the house and sued several parties that had been involved in the transaction, alleging that those parties'…

Justia Opinion Summary: Selanmin Gross appealed the grant of a new trial in a case filed by Christopher Dailey against Gross stemming from a motor-vehicle accident. Dailey alleged Gross' negligence and/or wantonness in operating his motor…

Justia Opinion Summary: Seneathia K. Porter initiated an unlawful-detainer action against Tracy Murray, doing business as Tracy's Treasure Company, LLC ("Murray"), seeking possession of commercial property and the recovery of, among other…

Justia Opinion Summary: Protective Life Insurance Company ("Protective") appealed a circuit court judgment dismissing its action against Andrew Chong Jenkins pursuant to Rule 12(b)(6), Ala. R. Civ. P. Jenkins was an executive employed by…

Justia Opinion Summary: Alicia Sampson ("Alicia"), as administratrix of the estate of her deceased husband, Joshua Sampson ("Josh"), appealed the grant of summary judgment in favor of HeartWise Health Systems Corporation; HeartWise Clinic, LLC…

Justia Opinion Summary: Consolidated appellate proceedings involved a dispute between the trustees and beneficiaries of the Bellingrath-Morse Foundation Trust ("the Trust"). In appellate case no. SC-2023-0001, beneficiaries of the Trust, Rhodes…

Justia Opinion Summary: Debbie Berry appealed a circuit court's grant of summary judgment in favor of PHH Mortgage Corporation ("PHH") on PHH's ejectment claim and Berry's breach-of-contract counterclaim. The Alabama Supreme Court affirmed the…

Justia Opinion Summary: Douglas Byrne appealed the grant of summary judgment in favor of Vera Fisk regarding Byrne's premises-liability negligence claim against Fisk. In December 2018, Byrne was a mail carrier working for the United States…

Justia Opinion Summary: The property at issue in this appeal served as a rental home located in a residential neighborhood. The property owner, J.C. King III, stopped paying property taxes in 2015 after a fire extensively damaged the property…

Justia Opinion Summary: Consolidated appeals stemmed from an employment dispute between Dr. Margot G. Potter and her former employer, Women's Care Specialists, P.C. ("Women's Care"), and out of a dispute between Potter and three Women's Care…

Justia Opinion Summary: Andrew William Spraggins's driveway crossed a neighboring tract of land owned by Ammons Properties, LLC ("Ammons"). After a dispute arose between Spraggins and Ammons, Spraggins filed a complaint asking a circuit court…

Justia Opinion Summary: Midsouth Paving, Inc. ("Midsouth"), and Christopher Nivert petitioned the Alabama Supreme Court for a writ of mandamus directing the Tallapoosa Circuit Court ("the trial court") to enter a summary judgment in their favor…

Justia Opinion Summary: The Ohio Valley Conference ("the OVC") appealed a judgment dismissing its official-capacity and individual-capacity claims against Randall Jones, the Chair of the Board of Trustees of Jacksonville State University…

Justia Opinion Summary: Gary and Sheila Womble, a married couple, appealed a circuit court order denying their motion filed pursuant to Rule 60(b)(1), Ala. R. Civ. P., seeking to set aside a judgment that dismissed, with prejudice, their action…

Justia Opinion Summary: MUSA Properties, LLC ("MUSA"), and R.K. Allen Oil Co., Inc. ("Allen Oil"), entered into a real-estate sales contract in which MUSA agreed to purchase from Allen Oil a gasoline service station and convenience store ("the…

Justia Opinion Summary: Douglas Byrne appealed the grant of summary judgment in favor of Vera Fisk regarding Byrne's premises-liability negligence claim against Fisk. On December 8, 2018, Byrne was a mail carrier working for the United States…

Justia Opinion Summary: Consolidated appeals arose from an employment dispute between Dr. Margot Potter and her former employer, Women's Care Specialists, P.C. ("Women's Care"), and out of a dispute between Potter and three Women's Care…

Justia Opinion Summary: Andrew Spraggins's driveway crossed a neighboring tract of land owned by Ammons Properties, LLC ("Ammons"). After a dispute arose between Spraggins and Ammons, Spraggins filed a complaint asking a circuit court to…

Justia Opinion Summary: The issue this case presented for the Alabama Supreme Court's review centered on the redemption of residential real property sold at a tax sale, specifically, the definition of the term "preservation improvements" as…

Justia Opinion Summary: The Ohio Valley Conference ("the OVC" -- a collegiate athletic conference) appealed a judgment dismissing its official-capacity and individual-capacity claims against Randall Jones, the Chair of the Board of Trustees of…

Justia Opinion Summary: Debbie Berry appealed a circuit court's grant of summary judgment in favor of PHH Mortgage Corporation ("PHH") on PHH's ejectment claim and Berry's breach-of-contract counterclaim. The Alabama Supreme Court affirmed the…

Justia Opinion Summary: Consolidated appeals arose from of a commercial dispute between Southern Lift Trucks, LLC ("Southern"), and Hyundai Construction Equipment Americas, Inc. ("Hyundai Construction") -- an alleged subsidiary of Hyundai Heavy…

Justia Opinion Summary: Angelia Taylor, as personal representative of the Estate of Willie Latham, appealed the denial by operation of law of her Rule 59(e), Ala. R. Civ. P., motion seeking to vacate an arbitration award entered in favor of…

Justia Opinion Summary: Alabama Somerby, LLC, d/b/a Brookdale University Park IL/AL/MC; Brookdale Senior Living, Inc.; and Undrea Wright (collectively, Brookdale) appealed a circuit court's order denying their motion to compel arbitration of…

Justia Opinion Summary: Victor Chin, M.D., and Sportsmed Orthopedic Specialists, P.C. (collectively "the Sportsmed defendants"), were defendants in an action brought by their patient, Malik Woodard. Woodard alleged that, against his wishes, Dr.…

Justia Opinion Summary: Birmingham attorney Daniel Flickinger posted a message on his personal Facebook social-media page in which he appeared to reference the death George Floyd, which occurred while Floyd was being arrested and was recorded.…

Justia Opinion Summary: Consolidated appeals arose from a dispute between Richard Bentley and his brother, James Randall Bentley ("Randy"), and from a dispute between Richard and his ex-wife, Leslie Bentley. In case no. CV-19-7, an action…

Justia Opinion Summary: Sheryl Lyne, individually and as the personal representative of the estate of Robert L. Kawzinski, filed suit against Debra Ann Kawzinski ("Debra Ann") to quiet title to a piece of real property to which Lyne and Debra…

Justia Opinion Summary: In this case, a purchase agreement provided provided that the parties were obligated to close a real-estate sale unless the buyer -- Lafayette Land Acquisitions II, LLC ("Lafayette Land") -- rejected the deal in writing…

Justia Opinion Summary: Unhappy with the result in the underlying litigation, two family members -- Mary Beasley Schaeffer ("Mary") and Ellis Beasley Long ("Ellis"), as the personal representative of the estate of Emma Glass Beasley -- sued…

Justia Opinion Summary: Plaintiffs Tommy Hanes, David Calderwood, and Focus on America appealed a circuit court judgment dismissing their claims against John Merrill, in his official capacity as the Alabama Secretary of State, and Bill English,…

Justia Opinion Summary: Desiree Million owned property in Mentone, Alabama that bordered property owned by Steve Carpenter and Colleen Duffley. A boundary-line dispute arose; Million, acting pro se, ultimately filed suit against Carpenter,…

Justia Opinion Summary: Michael Upchurch, his brother David Upchurch, and his nephew Jason Upchurch owned several pieces of real property as joint tenants with the right of survivorship. They signed a contract to sell the properties to third…

Justia Opinion Summary: Douglas Ghee, as the personal representative of the estate of Billy Fleming, appealed a circuit court judgment dismissing Ghee's wrongful-death claim against USAble Mutual Insurance Company d/b/a Blue Cross Blue Shield…

Justia Opinion Summary: Residents of the Nathan Estates subdivision in the City of Muscle Shoals ("the City") sued the City seeking, among other things, an injunction directing the City to enact a comprehensive stormwater-management plan or to…

Justia Opinion Summary: Plaintiffs were owners of different lots in a subdivision. They sought an injunction to prevent Trevor Cole from subdividing his lot. The circuit court entered a summary judgment in favor of the lot owners and issued the…

Justia Opinion Summary: Allie Construction, Inc., obtained writs of garnishment against the estate of Willard Mosier one day shy of the 20th anniversary of obtaining a judgment against his widow Debra Mosier, a beneficiary of his estate. The…

Justia Opinion Summary: This case concerned the reallocation of a circuit-court judgeship from the 10th Judicial Circuit located in Jefferson County, Alabama to the 23d Judicial Circuit located in Madison County. Tiara Young Hudson, an attorney…

Justia Opinion Summary: Defendants Levorn and Levern Davis appealed a circuit court's judgment in favor of the estate of Henry Brim. In 2006, Brim sold property to Levern, executing a promissory note and mortgage for a principal of $56,000. The…

Justia Opinion Summary: On May 27, 2016, at approximately 2:00 a.m., Sgt. George Taylor, a police officer employed by the Chickasaw Police Department, discovered an automobile on the shoulder of the on-ramp to an interstate highway. Carlos Lens…

Justia Opinion Summary: Carlos Fernando Reixach Murey, as administrator of the estate of Carlos Lens Fernandez, deceased, appealed the grant of summary judgment entered in two separate actions in favor of defendants the City of Chickasaw,…

Justia Opinion Summary: Erica Fox appealed a circuit court's grant of summary judgment in favor of her former criminal-defense attorneys, Harold Hughston, III and Sheila Morgan. In 2016, Ronnie Credille murdered Fox's husband, Jason Fox.…

Justia Opinion Summary: Erica Rae Fox appealed the grant of summary judgment entered in favor of her former criminal-defense attorneys, Harold V. Hughston III and Sheila Morgan. The trial court determined that the applicable statute of…

Justia Opinion Summary: Jennifer Dell Peach sued, among others, Lester Thomas asserting claims arising from a multivehicle accident that took place after Thomas, a State trooper with the Alabama Law Enforcement Agency, allegedly blocked both…

Justia Opinion Summary: Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center ("Mobile Infirmary") appealed the grant of summary judgment in favor of Quest Diagnostics Clinical Laboratories, Inc. ("Quest"). Quest and Mobile…

Justia Opinion Summary: Orlando Bethel appealed a circuit court order denying his motion for a preliminary injunction. 2022, Zoe Sozo Bethel died intestate in Florida; she was survived by her spouse, Brennan James Franklin (spouse), and their…

Justia Opinion Summary: Philip and Jennie Bowling purchased their house via a promissory note in 1986. The loan was secured by a mortgage, which was eventually assigned to U.S. Bank National Association ("U.S. Bank"). A little over a decade…

Justia Opinion Summary: Consolidated appeals arose from circuit court judgments in two identical medical-malpractice actions commenced by Cynthia Diane Dennis Thomas against Tarik Yahia Farrag, M.D. In appeal no. 1200541, Dr. Farrag appealed…

Justia Opinion Summary: Jessica Tutor was driving three passengers in her automobile when she hit another vehicle head-on. Two of the passengers, Jack Sines and Devan Frazier, were injured and later sued Tutor. The case went to trial solely on…

Justia Opinion Summary: Escapes! To the Shores Condominium Association, Inc. ("the Association"), individually and on behalf of certain condominium-unit owners, appealed an order denying a Rule 59, Ala. R. Civ. P. motion to vacate a judgment…

Justia Opinion Summary: Todd Destafino had a longstanding business relationship with his (now former) mother-in-law, Georgia Lay, that soured after Destafino and Lay's daughter divorced. In the aftermath of the divorce, Lay began interfering…

Justia Opinion Summary: TruckMax, Inc., and its wholly owned subsidiary, Babco Engineering, LLC (collectively, "TruckMax"), petitioned the Alabama Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to allow TruckMax to…

Justia Opinion Summary: Jennie and Christopher Zinn appealed a circuit court's dismissal of their complaint against Ashley Till. In October 2017, the Zinns filed an adoption petition with the probate court concerning an unborn child. The child…

Justia Opinion Summary: In consolidated appeals, Brighton Ventures 2 LLC and the St. John Life Center ("the Life Center") appealed a circuit court judgment order forfeiting $446,897.19 that was found to have been used as bets or stakes as part…

Justia Opinion Summary: Ed Davis sued the City of Montevallo ("the City") claiming that the City was in breach of contract because, in terminating his employment with the City, it failed to follow certain discharge procedures set out in an…

Justia Opinion Summary: Tamera Erskine, as the personal representative of the estate of Joann Bashinsky ("Ms. Bashinsky") appealed: (1) a probate court order awarding fees to the temporary guardian and conservator for Ms. Bashinsky previously…

Justia Opinion Summary: Tamera Erskine, as the personal representative of the estate of Joann Bashinsky ("Ms. Bashinsky"), deceased, appealed: (1) a probate court order awarding fees to the temporary guardian and conservator for Ms. Bashinsky…