Supreme Court of Alabama Decisions 2011
Date: December 30, 2011
Docket Number: 1100205
Justia Opinion Summary: Plaintiff Claudia Dabbieri filed a complaint at the Perry County circuit court naming Donald Wease, Alabama Cable and Fiber Repair, PDQ CATV, Inc., City Boy's Tire and Brake, Inc. (CBT), Continental Tire the Americas,…
Date: December 30, 2011
Docket Number: 1101288
Date: December 16, 2011
Docket Number: 1100333
Justia Opinion Summary: Harry and Bettye Coughlin appealed a circuit court's judgment dismissing Sheriff Mike Hale from an action they filed against him and several others. In 2008, the Coughlins sued Hale, among others, seeking money damages…
Date: December 16, 2011
Docket Number: 1100525
Justia Opinion Summary: Oak Grove Resources, LLC, and Cliffs North American Coal, LLC (Oak Grove) appealed a trial court's order in favor of class Plaintiffs finding that Oak Grove failed to satisfy the requirements of a settlement agreement…
Date: December 16, 2011
Docket Number: 1100994
Justia Opinion Summary: Betty Bradberry and Inez T. Jones, as the "personal representatives of the heirs-at-law and/or wrongful death beneficiaries of" the decedents, Roland E. Bradberry and George D. Jones, respectively (Plaintiffs), appealed…
Date: December 16, 2011
Docket Number: 1101316
Date: December 9, 2011
Docket Number: 1091560
Justia Opinion Summary: The University of South Alabama Medical Center and the University of South Alabama Children's and Women's Hospital appealed the grant of summary judgment in favor of Mobile County. The County filed a complaint seeking a…
Date: December 9, 2011
Docket Number: 1101129
Justia Opinion Summary: The State of Alabama petitioned the Supreme Court for a writ of mandamus to direct the Court of Criminal Appeals to vacate its order that granted a mandamus petition filed by Jeremy B. Jones, and that directed Mobile…
Date: December 9, 2011
Docket Number: 1101201
Justia Opinion Summary: The Supreme Court addressed the validity of a circuit court order that granted Pamela and Robert Washington a new trial. In an earlier action, the Supreme Court issued a writ of mandamus on petition of John Limerick,…
Date: December 9, 2011
Docket Number: 1101327
Justia Opinion Summary: Randy Fielding petitioned the Supreme Court for a writ of mandamus to direct the Walker Circuit Court to vacate its order denying his motion for summary judgment and to enter a summary judgment based on his claim to…
Date: December 2, 2011
Docket Number: 1090350
Justia Opinion Summary: GE Capital Aviation Services, Inc., (now known as GE Capital Aviation Services, LLC), Pemco World Air Services, Inc., and Alabama Aircraft Industries, Inc. have fiercely litigated a commercial-contract dispute since 2004…
Date: December 2, 2011
Docket Number: 1091378
Justia Opinion Summary: Plaintiffs Ronald Browning and Susan Browning, Bubba Beck and Debbie Beck, Allen Caprara and Pam Caprara, Bobby Fayet and Cindy Fayet, David Kennamer and Brad Kennamer, Steve Russell and Melinda Russell, and Gary…
Date: December 2, 2011
Docket Number: 1100107
Justia Opinion Summary: This appeal arose from a dispute between the Alabama Commercial Mobile Radio Services ("CMRS") Board (CMRS Board) and T-Mobile South, LLC and PowerTel Memphis, Inc. (collectively, T-Mobile) two providers of wireless…
Date: December 2, 2011
Docket Number: 1100619
Justia Opinion Summary: The Travelers Indemnity Company of Connecticut appealed a judgment in which it was ordered to pay $251,913.91 to Willie A. Miller. Smith House Movers, Inc. (Smith), was hired was hired to move houses located in the path…
Date: December 2, 2011
Docket Number: 1101127
Justia Opinion Summary: Novus Utilities, Inc. sought a writ of mandamus from the Supreme Court to direct the Cullman Circuit Court to dismiss negligence and private-nuisance claims against it as time-barred. Eleven property owners residing in…
Date: December 2, 2011
Docket Number: 1101398
Justia Opinion Summary: The issue before the Supreme Court pertained to the admissibility into evidence a child witness's prior inconsistent out-of-court statements. The Court granted certiorari to address this as an issue of first impression:…
Date: November 18, 2011
Docket Number: 1090946
Justia Opinion Summary: Defendants Springhill Hospitals, Inc., Dennis Rushing, Ashley Flemming and Janel Ostriehmerer appealed a judgment entered in favor of Plaintiff Dimitrios Critopoulos. Plaintiff was admitted to the hospital for a heart…
Date: November 18, 2011
Docket Number: 1091225
Justia Opinion Summary: Defendant National Security Fire & Casualty Company appealed a circuit court order that certified a class for a class action lawsuit. Plaintiff Maurice DeWitt's mobile home was damaged by Hurricane Katrina, and at the…
Date: November 18, 2011
Docket Number: 1100363
Justia Opinion Summary: Defendant Brandon Mitchell was convicted on four counts of capital murder for killing three people during the course of a robbery at a hotel. The jury recommended that Defendant be sentenced to life in prison without the…
Date: November 18, 2011
Docket Number: 1100929
Justia Opinion Summary: This appeal was the latest "in a decade-long dispute" between Joseph Dzwonkowski, Sr. (Joe Sr.) and two of his sons, Robert and Joseph Jr. (Joe Jr.) regarding the ownership and control of Sonitrol of Mobile, Inc., a…
Date: November 18, 2011
Docket Numbers: 1101211, 1101226
Justia Opinion Summary: In separate petitions, the Hampton Insurance Agency and Ginger Spencer, Acceptance Indemnity Insurance Company and Ashland General Agency all defendants in an action filed by Mary Alice Patton, d/b/a Hole in the Wall…
Date: November 10, 2011
Docket Number: 1091111
Justia Opinion Summary: Defendants/Counterclaim Plaintiffs Charles Stephens and Stephens Properties, Inc. appealed a judgment entered on a jury verdict in favor of Fines Recycling, Inc. and its shareholders on claims stemming from a dispute…
Date: November 4, 2011
Docket Number: 1100970
Justia Opinion Summary: Petitioner Andrew Sutley petitioned the Supreme Court for a writ of mandamus to direct the Court of Civil Appeals to quash a May 2011 writ. In its opinion, the appellate court directed the Montgomery Circuit Court to…
Date: November 3, 2011
Docket Number: 1110131
Date: October 28, 2011
Docket Number: 1091645
Justia Opinion Summary: Defendant T.D.M. was convicted on one count of first degree sexual abuse and one count of first degree sodomy. At the end of Defendant's trial, the jury first returned verdicts of guilty and not guilty, respectively. The…
Date: October 28, 2011
Docket Number: 1091668
Justia Opinion Summary: Defendant James Beauford Lamb, Jr. appealed the Court of Criminal Appeals' affirmance of his 2004 conviction for first-degree sexual abuse. The issue on appeal was whether the trial court erred in entering a judgment…
Date: October 28, 2011
Docket Number: 1100106
Justia Opinion Summary: Employers Mutual Casualty Company (Employers Mutual) appealed a circuit court's denial of its motion to intervene in a pending case. Holman Building Company was sued by multiple homeowners who claimed their homes were…
Date: October 21, 2011
Docket Number: 1090763
Justia Opinion Summary: The State petitioned the Supreme Court for a writ of certiorari to review the Court of Criminal Appeals' decision to reverse Sean Travis Howard's criminal conviction based on the trial court's failure to charge the jury…
Date: October 21, 2011
Docket Number: 1091561
Justia Opinion Summary: Aurora Healthcare, Inc., Aurora Cares, LLC, (d/b/a Tara Cares) and Birmingham Nursing and Rehabilitation Center East, LLC appealed a circuit court order that denied their motion to compel arbitration. Mary Pettway, then…
Date: October 21, 2011
Docket Number: 1091751
Justia Opinion Summary: Defendant Mitzi Lawson appealed a judgment in favor of Plaintiffs Harris Culinary Enterprises, LLC (HCE), John C. Harris III (Clinton), and John C. Harris, Jr. (John), (collectively "the Harrises"), on their fraud claims…
Date: October 21, 2011
Docket Number: 1100009
Justia Opinion Summary: Town & Country Property, L.L.C., and Town & Country Ford, L.L.C. (T&C), sued Amerisure Insurance Company and Amerisure Mutual Insurance Company (Amerisure) and its insured, Jones-Williams Construction Company, Inc.,…
Date: October 21, 2011
Docket Number: 1100181
Justia Opinion Summary: Defendants the Colbert County Board of Education ("the Board"); and the individual members of the Board and members of the Colbert County High School appealed a trial court's judgment that granted Plaintiff Felecia…
Date: October 14, 2011
Docket Number: 1100215
Justia Opinion Summary: The United States District Court for the Northern District of Alabama, Southern Division sent a certified question to the Supreme Court. While the Court initially accepted the certified question; however upon review, the…
Date: October 14, 2011
Docket Number: 1100400
Justia Opinion Summary: Smith's Sports Cycles, Inc. appealed the outcome of a nonjury trial that held in favor of American Suzuki Motor Corporation. Smith's claimed that Suzuki wrongfully terminated the parties' franchise agreement. The trial…
Date: October 14, 2011
Docket Number: 1100764
Justia Opinion Summary: McNeese Title, LLC, a Florida limited liability company owned and operated by Richard McNeese, and Richard McNeese and Peggy Owens petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate…
Date: October 14, 2011
Docket Number: 1101109
Date: October 14, 2011
Docket Number: 1101198
Justia Opinion Summary: In May 2008, seven-year-old Jordan Alexander Robertson was placed in foster care at the home of Verlin Spurgeon and Carol Spurgeon. In June 2008, Jordan drowned in the Spurgeons' swimming pool. James Brakefield, as…
Date: October 7, 2011
Docket Number: 1100290
Justia Opinion Summary: Plaintiff Kenneth Jakeman appealed a trial court's dismissal of his claims against Defendants Alderwoods, Inc., Lawrence Group Management Company, LLC, Montgomery Memorial Cemetery, Inc. and Judy Jones. Plaintiff's…
Date: October 7, 2011
Docket Number: 1100360
Date: October 7, 2011
Docket Number: 1101315
Justia Opinion Summary: The Boaz City Board of Education ("the Board") and its members Alan Perry, Fran Milwee, Roger Adams, Alan Davis, and Tony G. King (collectively "the Board members") petitioned the Supreme Court for a writ of mandamus to…
Date: October 7, 2011
Docket Number: 1101367
Date: September 30, 2011
Docket Number: 1090919
Justia Opinion Summary: Melvin Jarrett petitioned the Supreme Court for a writ of certiorari to review the Court of Criminal Appeals' unpublished memorandum affirming the circuit court's denial of his petition for postconviction relief. Jarrett…
Date: September 30, 2011
Docket Number: 1091075
Justia Opinion Summary: Defendant Jo Ann Hood appealed a trial court's order that granted a motion for a new trial filed by Plaintiff Elizabeth McElroy as personal representative of the estate of Austin Taylor Terry (the estate). The mother of…
Date: September 30, 2011
Docket Number: 1091505
Justia Opinion Summary: Coosa Cable Company, Inc. (Coosa Cable), sued Sycamore Management Group, LLC (Sycamore), and DirecPath, LLC (DirecPath). Coosa Cable sought and obtained both a temporary restraining order (TRO) and a preliminary…
Date: September 30, 2011
Docket Number: 1100023
Justia Opinion Summary: Alabama Psychiatric Services, P.C. (APS) appealed a grant of summary judgment by the circuit court in favor of 412 South Court Street, LLC (Court Street). SRS Group, LLC, owned by Eugene Sak, began substantial…
Date: September 30, 2011
Docket Number: 1100160
Justia Opinion Summary: Turquoise Properties Gulf, Inc. (Turquoise) appealed a circuit court judgment that denied its motion to alter, amend or vacate an arbitration award in an action filed by Clark A. Cooper, David L. Faulkner, Jr., and Hugh…
Date: September 30, 2011
Docket Number: 1100318
Justia Opinion Summary: Capmark Bank appealed a preliminary injunction entered in favor of RGR, LLC; MB Park, LLC; TTM MB Park, LLC; Robert G. Randall; and T. Todd Martin III (referred to collectively as "RGR") which enjoined Capmark from…
Date: September 30, 2011
Docket Number: 1100404
Justia Opinion Summary: Tate & Lyle Sucralose, Inc. (TLS) petitioned the Supreme Court for a writ of mandamus to direct the Washington Circuit Court to vacate its December 1, 2010 order denying its motion to dismiss, and to enter an order…
Date: September 30, 2011
Docket Number: 1100432
Justia Opinion Summary: Timothy C. Allsopp appealed a trial court's denial of his motion for relief from a judgment entered in favor of James and Kisha Bolding. The Boldings sued Naysa Realty and Investments, LLC, Deleana Davis, Keller-Williams…
Date: September 30, 2011
Docket Number: 1100557
Justia Opinion Summary: Students and former students of the University of Alabama, Auburn University, and the University of Alabama at Birmingham, filed three separate class-action lawsuits in the Jefferson Circuit Court challenging the…
Date: September 30, 2011
Docket Number: 1100596
Date: September 23, 2011
Docket Number: 1081605
Justia Opinion Summary: American Suzuki Motor Corporation petitioned the Supreme Court for a writ of mandamus to direct the circuit court to grant its motion to dismiss the claims filed against it by John Burns and Jill S. Hearn. Plaintiffs…
Date: September 23, 2011
Docket Number: 1090620
Justia Opinion Summary: Defendants Lafarge North America, Inc. and Wayne Looney appealed a jury verdict in favor of Plaintinff Lawrence Nord. Plaintiff's claims arose from a personal injury he sustained at Lafarge's cement packhouse. Various…
Date: September 23, 2011
Docket Number: 1100636
Justia Opinion Summary: Reginald Hayes appealed the circuit court's dismissal of his action against Jo Ann Henley both individually and in her capacity as the personal representative of the estate of her deceased husband Earl Hoyt Henley…
Date: September 23, 2011
Docket Number: 1100884
Justia Opinion Summary: Getloaded Corporation, TransCore, and Roper Industries, Inc. (collectively, Getloaded), and American Timber & Steel Company, Inc. (ATSC), petitioned the Supreme Court for writs of mandamus to direct the Montgomery…
Date: September 16, 2011
Docket Number: 1100245
Justia Opinion Summary: Stenum Hospital, Sue Hart, James Rider, Malte Peterson, Dr. Jens Dannenberg, Dr. Karl Ritter-Lang, Dr. Heiner Beese, and Dr. Hans-Georg Zechel, third-party defendants in an action pending in the Madison Circuit Court…
Date: September 16, 2011
Docket Number: 1100395
Justia Opinion Summary: Sammy Thomas and Pam Thomas appealed the Blount Circuit Court's order granting a motion to compel arbitration filed by Sloan Homes, LLC ("Sloan Homes"), David Sloan, and Teresa Sloan in the Thomases' action alleging…
Date: September 16, 2011
Docket Number: 1100565
Justia Opinion Summary: Robert S. Grant Construction, Inc. (the corporation), Robert S. Grant (RSG), and Pam E. Grant (PEG) (collectively referred to as "the Grants") appealed an order striking their jury demands in an action commenced by…
Date: September 16, 2011
Docket Number: 1100768
Justia Opinion Summary: Dallas County Sheriff Harris Huffman, Jr., and Deputy Sheriff Ernest Larry Donaldson petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate its order denying their motion to dismiss a…
Date: September 16, 2011
Docket Number: 1100927
Date: September 16, 2011
Docket Number: 1101031
Justia Opinion Summary: Ashley Rich, district attorney of Mobile County, and the State filed separate petitions for a writ of mandamus directed to the Montgomery Circuit Court in an inverse-condemnation action filed by Jesse Griffin and others.…
Date: September 9, 2011
Docket Number: 1081683
Justia Opinion Summary: Callan Associates petitioned the Supreme Court for the writ of mandamus to direct the Montgomery Circuit Court to dismiss an action filed by Carol Perdue in her role as the legal guardian of Anna Perdue, who sued on…
Date: September 9, 2011
Docket Number: 1091040
Justia Opinion Summary: April Mack, mother of "Baby Mack" appealed the grant of summary judgment in her action against Thomas Carmack and Matthew Taul for the wrongful death of her unborn child. In 2007, Mack and her fiancee Reginald Thomas…
Date: September 9, 2011
Docket Number: 1091367
Justia Opinion Summary: Cantrell Brown appealed the grant of the writ of mandamus by the Court of Civil Appeals to Arlington Properties, Inc. Arlington filed an unlawful detainer claim against Brown in district court in 2009. After a trial, the…
Date: September 9, 2011
Docket Number: 1100714
Justia Opinion Summary: Jean W. Reed, Mary W. Haynes, and Susan W. Stockham ("the sisters") sued Regions Bank ("Regions"), Morgan Asset Management, Inc. ("MAM"), Morgan Keegan & Company, Inc. ("Morgan Keegan"), and Regions Financial Corporation…
Date: September 9, 2011
Docket Number: 1100734
Justia Opinion Summary: Don Drennen Motor Co., Inc. ("Drennen"), an automobile dealership, appealed a Jefferson Circuit Court order requiring it to pay the costs of arbitration stemming from an action filed by one of Drennen's former…
Date: August 26, 2011
Docket Number: 1091756
Date: August 26, 2011
Docket Number: 1100112
Justia Opinion Summary: Defendant Melvin Gene Hodges petitioned the Supreme Court for a writ of certiorari, which was granted for the limited purpose of determining whether the Court of Criminal Appeals' judgment insofar as it affirmed the…
Date: August 26, 2011
Docket Number: 1100235
Justia Opinion Summary: Faye Gilmer sued Crestview Memorial Funeral Home, Inc. ("Crestview"), Garland Jones, Barry Taul, and Mary Caldwell, alleging claims related to services Crestview had provided with regard to the funeral of Mrs. Gilmer's…
Date: August 19, 2011
Docket Number: 1091045
Justia Opinion Summary: The Supreme Court granted the State's petition for a writ of certiorari to address whether an indigent defendant, who has no right to initially choose a particular court-appointed attorney, had a right to continued…
Date: August 19, 2011
Docket Number: 1091191
Justia Opinion Summary: Defendants Kohlberg Kravis Roberts & Company, L.P. (KKR), KKR Associates, KKR Partners II, and Crimson Associates, L.P., as well as several individuals, petitioned the Supreme Court for the writ of mandamus to direct a…
Date: August 19, 2011
Docket Number: 1091421
Justia Opinion Summary: Defendant Alabama Power Company filed a petition for the writ of mandamus to ask the Supreme Court to direct the trial court to dismiss Plaintiff Capitol Container, Inc.'s claims against it for lack of subject-matter…
Date: August 19, 2011
Docket Number: 1091632
Date: August 19, 2011
Docket Number: 1100479
Justia Opinion Summary: Plaintiff Jerry Elliott sought workers' compensation benefits from his employer, International Paper Company, Inc. (IP). He petitioned the Supreme Court for a writ of mandamus to quash a Court of Civil Appeals' writ of…
Date: August 12, 2011
Docket Number: 1091215
Justia Opinion Summary: The Industrial Development Board of the City of Montgomery (IDB) appealed a circuit court's interlocutory order that denied its motion for summary judgment as to a breach-of-contract claim asserted against it by George…
Date: August 12, 2011
Docket Number: 1091233
Justia Opinion Summary: RCH IV-WB, LLC (RCH) appealed a circuit court's order that set aside its mortgage foreclosure sale. At a bench trial, RCH offered as evidence a copy of a document allegedly assigning the mortgage at issue from Wachovia…
Date: August 12, 2011
Docket Number: 1091582
Justia Opinion Summary: Two appeals between MPQ, Inc. (d/b/a Freedom Enterprises) and Birmingham Realty Company were consolidated by the Supreme Court for the purposes of this opinion. The parties entered into a commercial lease agreement.…
Date: August 12, 2011
Docket Number: 1100173
Justia Opinion Summary: Branson Machinery, LLC appealed a circuit court's decision that set aside a default judgment granted in its favor against Hilltop Tractor, LLC and Jeffrey Williams. According to Branson, Hilltop owed it money for…
Date: August 12, 2011
Docket Number: 1100393
Justia Opinion Summary: Tellabs Operations, Inc. appealed an administrative agency's decision in its taxpayer's refund action from the circuit court. Tellabs unsuccessfully petitioned for a refund of allegedly overpaid sales taxes to the City…
Date: August 12, 2011
Docket Number: 1100726
Justia Opinion Summary: Appellee Younus Ismail, M.D. appealed a trial court's denial of his motion for summary judgment pertaining to claims made by Appellants Randy and Joy Paradise. Mr. Paradise was treated in the emergency room of Highlands…
Date: August 5, 2011
Docket Number: 1091666
Justia Opinion Summary: EB Investments, LLC and Pavilion Development, LLC filed separate appeals to challenge elements of a circuit court order holding that Pavilion was entitled to redeem certain property in Madison County in which EB…
Date: August 5, 2011
Docket Number: 1091700
Justia Opinion Summary: Matador Holdings, Inc. and HoPo Realty Investments, LLC filed separate appeals to challenge elements of a circuit court's order involving commercial property owned by Matador. Matador sued HoPo for payment for materials…
Date: August 5, 2011
Docket Number: 1100627
Justia Opinion Summary: Black Warrior Minerals, Inc. sued Empire Coal Sales, Inc. and John Fay, Jr. Black Warrior sought money allegedly owed pursuant to a coal-purchase agreement between Black Warrior and Empire and a personal guaranty…
Date: August 5, 2011
Docket Number: 1100870
Justia Opinion Summary: Appellee Compass Bank and Amy Hovis petitioned the Supreme Court for a writ of mandamus to direct a circuit court to dismiss an action filed in that court filed by Appellant Jerome Sirote based on Alabama's abatement…
Date: July 29, 2011
Docket Number: 1090624
Justia Opinion Summary: C.E. (Mother) appealed the reversal of a Juvenile Court judgment originally in her favor. This case arose from T.C.'s (Father) proposal to relocate the parties' two minor children to New York State. In 2006, the Juvenile…
Date: July 29, 2011
Docket Number: 1091049
Justia Opinion Summary: Petitioner Delta International Machinery Corporation (Delta) sought a writ of mandamus to direct the circuit court to vacate an order that granted Respondent Brandon Landrum access to "certain technology" in its control.…
Date: July 29, 2011
Docket Number: 1091610
Justia Opinion Summary: Plaintiffs James Adams, Stanley Dye and Ed Holcombe were all shareholders in Altrust Financial Services, Inc. They sued Altrust, the Peoples Bank of Alabama (collectively, Altrust) and Dixon Hughes, LLC, Altrust's…
Date: July 29, 2011
Docket Number: 1091781
Justia Opinion Summary: In 2007, Massachusetts Defendant No. 1 Steel Products, Inc. (No. 1 Steel) was a subcontractor on a construction project at a health rehabilitation center in Massachusetts (Cape Regency project). While working on the…
Date: July 22, 2011
Docket Number: 1071453
Date: July 22, 2011
Docket Number: 1091156
Justia Opinion Summary: A.S. and C.S., adoptive parents of a minor child, appealed an appellate court's order that affirmed visitation to the child's paternal grandparents without an opinion. A.S. and C.S. argued to the Supreme Court that the…
Date: July 15, 2011
Docket Number: 1091642
Justia Opinion Summary: Alabama Title Loans, Inc., Accurate Adjustments, LLC and Kevin Sanders all appealed a trial court order that denied their motions to compel arbitration filed against them by Plaintiff Kimberly White. In 2009, Ms. White…
Date: July 8, 2011
Docket Number: 1090011
Date: June 30, 2011
Docket Number: 1090804
Justia Opinion Summary: First Union National Bank of Florida (First Union) appealed a judgment in favor of the Lee County Commission (Commission) and Philip Summers. Mr. Summers executed a mortgage on property he owned within the County on…
Date: June 30, 2011
Docket Number: 1091533
Justia Opinion Summary: The United States Judicial Panel on Multi-District Litigation consolidated approximately 1800 cases involving claims that sought damages for personal injuries allegedly caused by exposure to welding fumes. Several dozen…
Date: June 30, 2011
Docket Number: 1091767
Justia Opinion Summary: Defendant Wakilii Brown was convicted on three counts of capital murder. The jury returned a death sentence. On appeal, the Court of Criminal Appeals affirmed Defendant’s convictions and sentence. On appeal, Defendant…
Date: June 30, 2011
Docket Number: 1100226
Justia Opinion Summary: Petitioner Beverly Scannelly petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate all orders it entered after she filed a notice of dismissal. Furthermore, Petitioner sought a writ of…
Date: June 30, 2011
Docket Number: 1100272
Justia Opinion Summary: The Federal District Court for the Northern District of Alabama certified a question to the State Supreme Court. The Court was asked whether the failure of an insured to give notice of a proposed settlement to an…
Date: June 30, 2011
Docket Number: 1100600
Justia Opinion Summary: A circuit court judge petitioned the Supreme Court for a writ of mandamus to direct the Court of Criminal Appeals to quash a writ of mandamus it issued to the circuit court through an unpublished order. Kevin Byrd pled…
Date: June 30, 2011
Docket Number: 1100640
Justia Opinion Summary: In this case, the issue before the Supreme Court was whether sufficient evidence on the element of "serious bodily injury" for the purposes of a first-degree assault offense could be established by the testimony of a lay…
Date: June 30, 2011
Docket Number: 1100695
Justia Opinion Summary: Thomasville Feed & Seed, Inc. (Thomasville Feed) petitioned the Supreme Court for a writ of mandamus to direct the Wilcox County Circuit court to transfer the action filed against it by Roy Saulsberry and Roy Saulsberry,…
Date: June 24, 2011
Docket Number: 1090356
Justia Opinion Summary: Plaintiff Branded Trailer Sales, Inc. (Branded) appealed a circuit court judgment that dismissed its case against Universal Truckload Services for lack of personal jurisdiction. A customer contacted Branded about having…
Date: June 24, 2011
Docket Number: 1091297
Justia Opinion Summary: The Greens at Auburn, The Greens at Auburn Land Development and the Loachapoka Water Authority (LWA) all appealed a partial summary judgment in favor of the Water Works Board of the City of Auburn (AWWB). As Auburn grew…
Date: June 24, 2011
Docket Number: 1091490
Justia Opinion Summary: Ninety-year-old Mary Shaw was admitted to the emergency room at the Mobile Infirmary Medical Center in 2008. After surgery, she developed pressure sores while a patient at the Center. She was transferred to Defendant…
Date: June 17, 2011
Docket Number: 1090073
Justia Opinion Summary: Petitioner Brady Farr appealed a circuit court judgment in favor of Respondents The Gulf Agency, Orange Beach Insurance Agency and Lexington Insurance Company. Mr. Farr finished renovating his house in 2003. In 2004, he…
Date: June 17, 2011
Docket Number: 1090540
Justia Opinion Summary: In 1993, Defendant James Knight was convicted on theft and burglary charges. He was sentenced under the state Habitual Felony Offender Act (HFOA) to life in prison for theft and to fifteen years for burglary, both…
Date: June 17, 2011
Docket Number: 1090685
Justia Opinion Summary: Nationwide Mutual Insurance Company (Nationwide) appealed a trial court’s order that denied its "renewed motion for a judgment as a matter of law" in its case against J-Mar Machine & Pump. J-Mar is a repair shop that…
Date: June 17, 2011
Docket Number: 1091412
Justia Opinion Summary: Plaintiffs Leroy Bandy and David Russell appealed a circuit court judgment in favor of the City of Birmingham. In 2009, Plaintiffs challenged the results of the City Council and Board of Education elections on the basis…
Date: June 17, 2011
Docket Number: 1091666
Justia Opinion Summary: EB Investments, LLC and Pavilion Development, LLC filed separate appeals to challenge an a court order that held Pavilion was entitled to redeem certain property in Madison County in which EB Investments, and multiple…
Date: June 17, 2011
Docket Number: 1091673
Justia Opinion Summary: Petitioner Willard Ryals appealed a trial court's order enforcing a creditor's judgment against him in favor of Respondent Lathan Company, Inc. (Lathan). In 2004, Lathan sued Ryals Construction Company for breach of a…
Date: June 17, 2011
Docket Number: 1100218
Justia Opinion Summary: Virginia McClung appealed a circuit court judgment that reformed a deed that conveyed an interest in land to her and her brother. In 1979 Ms. McClung’s parents divorced. Their separation agreement conveyed two parcels of…
Date: June 17, 2011
Docket Number: 1100822
Justia Opinion Summary: Petitioner Monica Ware appealed a summary judgment in favor of Respondent Deutsche Bank National Trust Company, the trustee for HSI Asset Securitization Corporation. The Bank foreclosed on Petitioner and published notice…
Date: June 10, 2011
Docket Number: 1090883
Justia Opinion Summary: Grandparents, E.R.G and D.W.G., challenged the constitutionality of the state Grandparent Visitation Act. The Grandparents and E.H.G. and C.L.G (the Parents) had a very close relationship. The failure of a business…
Date: June 10, 2011
Docket Number: 1100045
Justia Opinion Summary: Barbara Roberts sued Steve Lanier and his firm Steve Lanier, PC, and Rodney Stallings and his firm Coggin & Stallings, LLC. In 2006, Ms. Roberts was arrested on murder charges and sent to the Cherokee County jail. She…
Date: June 3, 2011
Docket Number: 1090132
Justia Opinion Summary: In 1991, Defendant Carl Ward was convicted on murder charges and sentenced to life in prison. Acting pro se, Defendant challenged his conviction to the Supreme Court, alleging that recently discovered material facts…
Date: June 3, 2011
Docket Number: 1090966
Justia Opinion Summary: At issue in this case was the application of a six-year statute of limitations to a claim of "wantonness." Plaintiff William Walker filed suit against Capstone Building Corporation (Capstone) and several fictitiously…
Date: June 3, 2011
Docket Number: 1091301
Justia Opinion Summary: The Town of Boligee appealed a circuit court judgment that denied it a declaration that certain acts by the Greene County Water & Sewer Authority (the Authority) were not properly authorized. In 2008, the Town brought…
Date: May 27, 2011
Docket Number: 1081570
Date: May 27, 2011
Docket Number: 1090904
Date: May 27, 2011
Docket Number: 1090938
Date: May 27, 2011
Docket Number: 1091045
Date: May 27, 2011
Docket Number: 1100645
Date: May 20, 2011
Docket Number: 1091474
Date: May 20, 2011
Docket Number: 1100026
Date: May 20, 2011
Docket Number: 1100800
Date: May 13, 2011
Docket Number: 1090699
Date: May 13, 2011
Docket Number: 1091436
Date: May 13, 2011
Docket Number: 1091520
Date: May 13, 2011
Docket Number: 1100129
Date: May 13, 2011
Docket Number: 1100238
Date: May 6, 2011
Docket Number: 1100523
Date: April 29, 2011
Docket Number: 1081801
Date: April 22, 2011
Docket Number: 1080960
Date: April 22, 2011
Docket Number: 1091055
Date: April 15, 2011
Docket Number: 1071607
Date: April 15, 2011
Docket Number: 1090866
Date: April 15, 2011
Docket Number: 1091224
Date: April 15, 2011
Docket Number: 1091462
Date: April 15, 2011
Docket Number: 1091509
Date: April 8, 2011
Docket Number: 1090222
Date: April 1, 2011
Docket Number: 1100344
Date: March 25, 2011
Docket Number: 1090467
Date: March 25, 2011
Docket Number: 1091121
Date: March 18, 2011
Docket Number: 1070315
Date: March 18, 2011
Docket Number: 1081774
Date: March 18, 2011
Docket Number: 1090759
Date: March 18, 2011
Docket Number: 1091275
Date: March 18, 2011
Docket Number: 1091320
Date: March 11, 2011
Docket Number: 1090011
Date: March 11, 2011
Docket Number: 1090784
Date: March 11, 2011
Docket Number: 1091425
Date: March 11, 2011
Docket Number: 1100327
Date: March 4, 2011
Docket Number: 1091428
Date: March 4, 2011
Docket Number: 1091720
Date: February 25, 2011
Docket Number: 1070579
Date: February 25, 2011
Docket Number: 1090048
Date: February 25, 2011
Docket Number: 1090629
Date: February 25, 2011
Docket Number: 1100027
Date: February 11, 2011
Docket Number: 1091555
Date: February 4, 2011
Docket Number: 1041932
Date: January 28, 2011
Docket Number: 1081424
Date: January 14, 2011
Docket Number: 1080826
Date: January 14, 2011
Docket Number: 1090084
Date: January 14, 2011
Docket Number: 1090110
Date: January 14, 2011
Docket Number: 1090545
Date: January 14, 2011
Docket Number: 1090639
Date: January 14, 2011
Docket Number: 1091386
Date: January 14, 2011
Docket Number: 1091427
Date: January 14, 2011
Docket Number: 1091658
Date: January 14, 2011
Docket Number: 1091707
Date: January 14, 2011
Docket Number: 1100032
Date: January 14, 2011
Docket Number: 1100122
Date: January 14, 2011
Docket Number: 1100136
Date: January 7, 2011
Docket Number: 1090445
Date: January 7, 2011
Docket Number: 1091122
Date: January 7, 2011
Docket Number: 1091450
Date: January 7, 2011
Docket Number: 1091783
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