Seibert v. Stricklen
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The case involves Carl Michael Seibert who appealed a summary judgment by the Madison Circuit Court in favor of Lorri Stricklen and Zoe Aldige. Seibert had filed claims of malicious prosecution and abuse of process against Stricklen and Aldige. The case originated from a divorce proceeding between Seibert and Stricklen. Seibert believed Stricklen was having an affair and began gathering evidence. Stricklen filed a criminal complaint against Seibert for stalking, leading to his arrest and indictment. The criminal case ended in a mistrial, and Seibert subsequently filed his complaint alleging malicious prosecution and abuse of process.
The Madison Circuit Court granted a summary judgment in favor of Stricklen and Aldige, noting that Seibert's case had effectively languished due to his failure to conduct meaningful discovery or prosecute the case. The court found that if Seibert could not defeat a motion for a summary judgment after 58 months, a trial on his claims would be useless. Stricklen and Aldige also filed a motion for an award of attorney fees and costs under the Alabama Litigation Accountability Act ("the ALAA"), which the court granted in part.
The Supreme Court of Alabama affirmed in part and reversed in part. It affirmed the lower court's summary judgment in favor of Stricklen on the malicious-prosecution claim and in favor of Stricklen and Aldige on the abuse-of-process claim. However, it reversed the trial court's implicit determination that Seibert's lawsuit was filed without substantial justification, remanding the case to the trial court with instructions to set forth its reasoning as to why Stricklen and Aldige are entitled to an award of attorney fees and costs under the ALAA.
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