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Jessie and Rickey Castleberry appealed a circuit court order dismissing their claims against Angie's List, Inc., based on a forum-selection clause in a contract between Angie's List and the Castleberrys. The Castleberrys, who are father and son, became members of Angie's List in 2014. They claim that they used their membership with Angie's List to locate a contractor, Dream Baths of Alabama, LLC ("Dream Baths"), which the Castleberrys hired to renovate a bathroom in Jessie Castleberry's house to make it handicapped accessible. According to the Castleberrys, Dream Baths was not properly licensed and poorly performed the work it contracted to do. The Alabama Supreme Court found the Castleberrys simply pointed out in the argument section of their brief that, in addition to suing Angie's List, they also sued Dream Baths. They asserted that "[t]his action pertains not only to the agreement between the Castleberrys and Angie's List, but to improper work performed upon a home located in Montgomery County, Alabama by defendant Dream Baths." The Castleberrys provided no significant discussion of the specific claims against Dream Baths and Angie's List. To the Supreme Court, it appealred that the Castleberrys' claims against Angie's List and Dream Baths were based on different categories of wrongdoing that were only tangentially related. The trial court, therefore, did not err in enforcing the forum-selection clause simply because the Castleberrys also sued Dream Baths. View "Castleberry v. Angie's List, Inc." on Justia Law

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Greenway Health, LLC, and Greenway EHS, Inc. (formerly EHS, Inc.) (collectively, "the Greenway defendants"), and Sunrise Technology Consultants, LLC, and Lee Investment Consultants, LLC (collectively, "the Sunrise defendants"), appealed separately a circuit court order denying their motion to compel the arbitration of certain claims asserted against them by Southeast Alabama Rural Health Associates ("SARHA"). Because the Alabama Supreme Court determined the Greenway defendants failed to establish the existence of a contract containing an arbitration provision, the Sunrise defendants' argument based on an intertwining-claims theory also failed. The Court therefore affirmed the trial court's denial of the Greenway defendants' and the Sunrise defendants' motions to stay proceedings and to compel arbitration. View "Greenway Health, LLC, and Greenway EHS, Inc. v. Southeast Alabama Rural Health Associates" on Justia Law

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Between 2012 and 2014, Medhost of Tennessee, Inc. ("Medhost"), sold Russell County Community Hospital, LLC, d/b/a Jack Hughston Memorial Hospital ("the taxpayer"), computer software and accompanying equipment, which Medhost contracted to install in a hospital operated by the taxpayer. The software and equipment assists the taxpayer in operating various aspects of its hospital. Medhost collected a little less than $18,000 in sales tax in connection with the transactions, which it remitted to the Alabama Department of Revenue ("the Department"). Later, the taxpayer petitioned the Department for a refund of the sales tax it had paid on the transactions with Medhost. The Department denied that request, and the taxpayer appealed to the Alabama Tax Tribunal, which reversed the Department's decision and directed the Department to grant the taxpayer's request for a refund. The Department then filed an action in the trial court requesting de novo review of the tax tribunal's decision. After a hearing, during which testimony was presented ore tenus, the trial court overturned the tax tribunal's decision and affirmed the Department's denial of the taxpayer's refund petition. The taxpayer appealed to the Court of Civil Appeals, which affirmed the trial court's judgment. The Alabama Supreme Court granted the taxpayer's petition for a writ of certiorari. Under the ore tenus rule, which the taxpayer has conceded was applicable here, "a judgment based on [ore tenus] evidence is presumed to be correct and will not be disturbed on appeal unless a consideration of the evidence and all reasonable inferences therefrom reveals that the judgment is plainly and palpably erroneous or manifestly unjust." Under that standard, the Court found the evidence sufficient to support the trial court's judgment. Accordingly, the Court of Civil Appeals correctly affirmed that judgment, and the Supreme Court affirmed its judgment. View "Ex parte Russell County Community Hospital, LLC, d/b/a Jack Hughston Memorial Hospital." on Justia Law

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Betty Hill sued Emma Armstrong and another defendant after Hill was bitten by three dogs. When Armstrong and her trial counsel failed to appear at trial at the appointed time, the trial court declared from the bench that a default would be entered against Armstrong for liability and that Hill would have an opportunity to put on evidence of damages. Approximately 13 minutes after the trial began, however, Armstrong appeared in the courtroom (her trial counsel never arrived). When the trial court noted Armstrong's appearance, it proceeded to hold a nonjury trial on the merits -- though the conditions under which evidence would be taken were never made clear. The trial court entered a judgment in favor of Hill and against Armstrong in the amount of $75,000. On appeal to the Alabama Supreme Court, Armstrong challenged the sufficiency of the evidence supporting the judgment against her. Based on its review of the applicable law and the evidence taken at trial, the Supreme Court found it clear, even under a standard of review deferential to the trial court, that the evidence presented was insufficient to support the judgment. Accordingly, it reversed the judgment of the trial court and remand the cause with instructions for the trial court to enter a judgment in favor of Armstrong. View "Armstrong v. Hill" on Justia Law

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Putnam County Memorial Hospital ("Putnam") appealed a circuit court denial of its motion to set aside a default judgment entered in favor of TruBridge, LLC ("TruBridge"), and Evident, LLC ("Evident"). In September 2015, Putnam entered into a "Master Services Agreement" with TruBridge ("the MSA agreement") and a license and support agreement with Evident ("the LSA agreement"). In the MSA agreement, TruBridge agreed to provide accounts-receivable management services for Putnam for five years. The MSA agreement provided that TruBridge would receive 5.65 percent of the "cash collections," as that term is defined in the MSA agreement, to be paid monthly, for its account and billing services. In the LSA agreement, Evident agreed to provide Putnam with Evident's electronic health-records system as well as maintenance and support for that system. According to Putnam, starting in 2016, Putnam entered into a series of agreements with Hospital Partners, Inc. ("HPI"), in which HPI agreed to manage and control the operations of the hospital and its facilities. TruBridge and Evident alleged that at that time, Putnam began entering patient information and billing services through a different computer system than the one provided by Evident pursuant to the LSA agreement and used by TruBridge for accounts receivable pursuant to the MSA agreement. When a TruBridge manager contacted Putnam to inquire about this drop in new-patient admissions into their system, Putnam claimed to have almost no new patients and that it was barely surviving. TruBridge and Evident alleged Putnam was deliberately false and that Putnam was, in fact, simply entering new patients into a different system. Putnam did not enter an appearance in the lawsuit brought by TruBridge and Evident for breach of contract. The circuit court entered a default judgment. Putnam's motion to set aside the judgment was denied. The Alabama Supreme Court concluded Putnam met its evidentiary threshold to trigger the statutory requirement the circuit court reconsider its motion to set aside and for reconsideration relating to the default judgment. Therefore, the Court reversed the circuit court and remanded for further proceedings. View "Putnam County Memorial Hospital v. TruBridge, LLC, and Evident, LLC" on Justia Law

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Chiropractic Life Center, Inc. ("CLC"), sued Kathryn Naman, alleging she failed to pay for chiropractic care she had received at CLC. The district court entered a judgment in favor of Naman, which CLC did not appeal. Naman thereafter sued CLC and its owner, Dr. Christy Agren, alleging that they had wrongfully brought the collection action against Naman. The circuit court dismissed the claim against Dr. Agren and ultimately entered a summary judgment in favor of CLC. Naman appealed. The Alabama Supreme Court determined there were undisputed facts in the record supporting CLC's argument that it had a good-faith basis for believing that Naman owed it money. Accordingly, Naman could not establish that CLC acted without probable cause in initiating the collection action. The summary judgment entered by the circuit court on Naman's malicious-prosecution claim against CLC was affirmed. View "Naman v. Chiropractic Life Center, Inc." on Justia Law

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Katerial Wiggins, individually and as the administrator of the estate of Dominic G. Turner, deceased, and as the next friend of Dominic Turner, Jr. ("D.T."), appealed the grant of summary in favor of Mobile Greyhound Park, LLP ("MGP") and Mobile Greyhound Racing, LLP ("MGR"). In 2015, a vehicle driven by Willie McMillian struck Wiggins' vehicle from behind on Interstate 10 in Mobile County. Wiggins's fiancé, Turner, and their child, D.T., were riding in the backseat of Wiggins' vehicle when the collision occurred. As a result, Turner died and Wiggins and D.T. were injured. After obtaining evidence indicating that McMillian was under the influence of alcohol, law-enforcement officers arrested McMillian. He later pleaded guilty to reckless murder and was sentenced to imprisonment for 15 years. Wiggins sued MGR and MGP alleging that on the day of the collision, MGR and MGP sold alcohol to McMillian at the dog-racing track while he was visibly intoxicated; she requested compensatory damages and punitive damages, pursuant to section 6-5-71, Ala. Code 1975 ("the Dram Shop Act"), for Turner's death and the injuries she and D.T. had sustained. MGR moved for a summary judgment in the dram-shop action and submitted evidence in support of its motion. Among other things, MGR argued that Wiggins had failed to present sufficient evidence indicating that McMillian had appeared "visibly intoxicated" while purchasing alcohol at the dog-racing track operated by MGR. MGP also moved for a summary judgment. In relevant part, MGP asserted that it was a limited partnership that owned a minority interest in MGR. MGP asserted that it was not responsible for the operation of the dog-racing track. The Alabama Supreme Court determined a genuine issue of material fact remained regarding whether McMillian appeared visibly intoxicated when purchasing alcohol from MGR on the night of the collision. The circuit court's summary judgment in favor of MGR was, therefore, reversed. To the extent that Wiggins sought to recover damages stemming from Turner's death under both the Dram Shop Act and the Wrongful Death Act, the circuit court's order granting MGR's motion to strike Wiggins's request for damages under the Wrongful Death Act was affirmed; Wiggins could recover only damages based on Turner's death under the provisions of the Dram Shop Act. Because Wiggins waived any challenge to the summary judgment in favor of MGP, the circuit court's decision in that regard was affirmed. The case was remanded for further proceedings. View "Wiggins v. Mobile Greyhound Park, LLP" on Justia Law

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T.M.F. petitioned the Alabama Supreme Court for a writ of certiorari to review the March 5, 2019 order of the Court of Civil Appeals denying his petition for a writ of mandamus. T.M.F. sought the to direct the Jefferson District Court to vacate its order denying his motion for a change of venue in an underlying case involving a petition for protection from abuse from Jefferson County to Mobile County and to enter an order transferring the case to Mobile County. Rather than filing a petition for a writ of mandamus with the Supreme Court seeking de novo review of the issue before the Court of Civil Appeals in denying his petition for a writ of mandamus, T.M.F. filed a petition for a writ of certiorari pursuant to Rule 39, Ala. R. App. P. However, under Rule 21(e), Rule 39 comes into play only if T.M.F. had first sought a rehearing in the Court of Civil Appeals. Because T.M.F. did not file an application for rehearing in the Court of Civil Appeals, his only avenue for seeking review with the Supreme Court would be filing a petition for a writ of mandamus. Accordingly, the petition for a writ of certiorari was dismissed. View "Ex parte T.M.F." on Justia Law

Posted in: Civil Procedure

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Crystal Wayne petitioned the Alabama Supreme Court for review of the Court of Criminal Appeals' decision affirming, by an unpublished memorandum, a circuit court's revocation of Wayne's probation. Wayne was convicted of second-degree manufacturing of a controlled substance, a Class B felony. She was sentenced Wayne to 60 months' imprisonment, which sentence was split, and she was ordered to serve 18 months' imprisonment, followed by 36 months' supervised probation. The circuit court further ordered Wayne to pay $4,799 in various fees and costs. Four months later, Wayne's probation officer filed a delinquency report alleging that Wayne had violated the terms and conditions of her probation by failing to report to her probation officer as directed, by failing to pay supervision fees, by failing to pay court-ordered moneys, and by failing to report to the court referral officer ("CRO"). The Supreme Court granted certiorari review to consider whether Wayne received adequate notice of the State's charge that Wayne had violated her probation by absconding. The Supreme Court determined Wayne's constitutional right to receive written notice of the charges against her was violated insofar as she did not receive notice that absconding was being alleged as a probation violation, and the circuit court exceeded its discretion in revoking her probation on the basis that she had absconded. The Court of Criminal Appeals' was reversed and the matter remanded for further proceedings. View "Ex parte Crystal Joetta Wayne." on Justia Law

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McArthur Sargent, chairman of The Waterworks and Gas Board of Dora, Alabama ("the Board"), in the name of the State of Alabama, appealed a circuit court order denying Sargent's petition for a writ of quo warranto seeking to declare Chris Edwards ineligible to hold office as a member of the Board because he was then-currently serving on the City Council of the City of Dora. The Alabama Supreme Court found that the restated and amended certificate of incorporation, which was controlling, did not include any prohibition against municipal officers serving on the Board. Accordingly, the Court held Edwards was duly appointed to serve as a member of the Board effective July 1, 2018, notwithstanding that he was already serving, as a member of the City Council of the City of Dora. View "State of Alabama ex rel. Waterworks and Gas Board of Dora, Alabama v. Edwards" on Justia Law