Justia Alabama Supreme Court Opinion Summaries

Dr. Stephen L. Wallace appealed the grant of summary judgment in favor of Belleview Properties Corporation, IPF/Belleview Limited Partnership ("IPF"), HR/Belleview, L.P., and Infinity Property Management Corporation ("the defendants"). In August 1991, Wallace leased office space in the Belleview Shopping Center to use for his dental practice. Around 1996, the defendants purchased the shopping center and renewed Wallace's lease. The lease was renewed a second time in 2003 for a term of five years. In 2005, Wallace sued the defendants,1 alleging fraud and suppression; negligence; wantonness; breach of contract; unjust enrichment; and negligent training, supervision, and retention. Wallace alleged that, during the term of the lease, he reported various maintenance problems to the defendants. He also alleged that, although the defendants assured him that the problems would be taken care of, but that they were not. Wallace asserted that, as a result of reported water leaks that were left unrepaired, the office was infested with toxic mold. Therefore, he had to close his practice to avoid exposing his employees and his patients to the toxic mold. The defendants successfully filed a motion for a summary judgment as to Wallace's claims against them. In 2010, Wallace filed a motion for reconsideration which was denied. Upon review of the matter, the Supreme Court concluded that Wallace did not timely file his notice of appeal. Accordingly, the Supreme Court dismissed the appeal for lack of jurisdiction. View "Wallace v. Belleview Properties Corp." on Justia Law

Anne Bates Gibbons appealed a circuit court's grant of summary judgment in favor of the Town of Vincent ("the Town"), the town's planning commission, and White Rock Quarries, LLC ("White Rock") (collectively, "appellees"). This matter stemmed from a zoning change impacting 86 acres of undeveloped land owned by White Rock that were annexed into the Town. Gibbons's complaint challenged the Town's rezoning of the land based on a rezoning application submitted by White Rock and its annexation of the 86 acres. White Rock sought the rezoning and annexation so that it could construct and operate a rock quarry on the property. Gibbons alleged that the Town did not satisfy the notice requirements of the applicable statutes that give municipal corporations in Alabama the power to enact zoning ordinances and that set out the requirements for enacting such ordinances in adopting a 2009 amendment. In the alternative, assuming that the 2009 amendment was validly adopted, Gibbons sought a declaration that White Rock's proposed use of the land was covered under section 5.5, not section 5.14.5, of the Town's zoning code. The circuit court ultimately granted appellees' motion for summary judgment, and Gibbons appealed. Finding that the Town complied with the applicable statutes in its annexation of the 86 acres, the Supreme Court affirmed the circuit court's grant of summary judgment in favor of the appellees. View "Gibbons v. Town of Vincent" on Justia Law

Target Media Partners Operating Company, LLC ("Target Media"), and Specialty Marketing Corporation d/b/a Truck Market News ("Specialty Marketing"), both publishers of magazines directed to long-haul truck drivers and to the truck-driving industry, have been in a commercial-contract dispute since 2007 in which each party alleged breach-of-contract claims against the other. Specialty Marketing also alleged fraudulent-misrepresentation and promissory-fraud claims against Target Media and Ed Leader, Target Media's vice president of trucking, and sought punitive damages in addition to compensatory damages. The jury returned a verdict in favor of Specialty Marketing on its breach-of-contract and promissory-fraud claims against Target Media, in favor of Leader on the promissory-fraud claim against him, in favor of Specialty Marketing on its fraudulent-misrepresentation claim against Target Media and Leader, and in favor of Target Media on its breach-of-contract counterclaim against Specialty Marketing. Target Media and Leader appealed that aspect of the judgment entered on the jury verdict in favor of Specialty Marketing on its claims against Target Media and Leader. Specialty Marketing did not appeal the judgment insofar as it found in favor of Target Media on Target Media's counterclaim. Upon review of the matter, the Supreme Court affirmed the trial court's order denying Target Media's motion for a judgment as a matter of law (JML)and/or a new trial as to Specialty Marketing's breach-of-contract claim. The Court reversed the trial court's order denying Target Media and Leader's motion for a JML as to Specialty Marketing's fraudulent-misrepresentation and promissory-fraud claims. The case was remanded back to the trial court for entry of a JML in favor of Target Media and Leader as to Specialty Marketing's fraudulent-misrepresentation claim and to enter a JML in favor of Target Media as to Specialty Marketing's promissory-fraud claim. Because the Court concluded that the trial court should have granted a JML as to Specialty Marketing's fraudulent-misrepresentation and promissory-fraud claims, the Court pretermitted consideration of the other arguments made by the parties regarding those claims. View "Target Media Partners Operating Company, LLC v. Specialty Marketing Corp." on Justia Law

In case no. 1110439, the Town of Gurley ("the Town") appealed the trial court's judgment in favor of M & N Materials, Inc. ("M & N"), on M & N's inverse-condemnation claim against the Town. In case no. 1110507, M & N cross-appealed the trial court's judgment in favor of the Town and Stan Simpson on other claims. Based on the Supreme Court's review of the matter, the Court found that the applicable statute upon which M&N maintained did not support its claim of a regulatory taking. Therefore, the Court reversed the trial court's judgment in favor of M & N on its inverse-condemnation claim and rendered a judgment in favor of the Town. The Court's conclusion pretermitted the other issues raised by the Town in case no. 1110439. In case no. 1110507, the Court found no error in the trial court's judgment and affirmed its decision. View "Town of Gurley v. M & N Materials, Inc. " on Justia Law

MTA, Inc. appealed a circuit court order which held that its claims against Merrill Lynch, Pierce, Fenner & Smith, Inc. were subject to an arbitration agreement and compelling MTA to arbitrate those claims. MTA entered into a deferred compensation agreement ("the DCA") with its employee, Yvonne Sanders. Pursuant to the terms of the DCA, MTA was obligated to pay Yvonne $270,000 in 120 equal monthly installments beginning the month following her 50th birthday or, in the event Yvonne died before reaching her 50th birthday, to pay her children, Tiffany Sanders and Roderick Dedrick, a total of $750,000 in 120 equal monthly installments beginning the month after her death. MTA thereafter obtained a $1,000,000 life insurance policy on Yvonne to fund the death benefit provided in the DCA in the event it became payable. On October 22, 1999, Yvonne died at the age of 43. MTA thereafter received the $1,000,000 it was owed under the life-insurance policy. However, MTA did not begin making payments to Tiffany and Roderick as called for by the DCA. Instead, Tiffany and Robert asked MTA to establish a rabbi trust to handle the payments, presumably to allow for more favorable tax treatment for Tiffany and Roderick. MTA executed a trust agreement with Thomas W. Dedrick, Sr., Tiffany and Roderick's uncle and a licensed broker employed by Merrill Lynch, establishing the trust and depositing into it an initial sum of $506,450. The trust agreement also provided that Thomas would act as trustee of the trust. Subsequent to the creation of the trust some intermittent payments were made from the trust to Tiffany and Roderick before payments ceased in late 2009. The sum total of the payments made did not equal $750,000. In 2011, Tiffany and Roderick filed an action against MTA asserting breach-of-contract and unjust-enrichment claims and seeking $213,777, the amount they allege was still due them pursuant to the DCA. Merrill Lynch moved to compel arbitration of MTA's claims against it pursuant to the arbitration provisions in the account-authorization form. MTA opposed that motion, arguing that it was not a party to those contracts, and, following a hearing on the matter, the trial court granted Merrill Lynch's motion to compel arbitration and dismissed MTA's third-party claims against Merrill Lynch. Upon review, the Supreme Court reversed that order, holding that MTA was not a signatory to those contracts and that the scope of the arbitration provisions in those contracts was too narrow to encompass disputes between Merrill Lynch and other entities not a party to those contracts. The case was remanded for further proceedings. View "MTA, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc." on Justia Law

S & M, LLC, d/b/a Huntsville Cab Company ("Huntsville Cab"), petitioned the Supreme Court for certiorari review of a decision of the Court of Civil Appeals which affirmed a judgment in favor of Kevin Burchel, as personal representative of the estate of Roy William Burchel on Huntsville Cab's claim against the estate damages for loss of use of a commercial vehicle. The issue before the Court was whether the measure-of-damages rule set forth in "Hunt v. Ward," (79 So. 2d 20 (1955)), was consistent with the purpose of compensatory damages, which is "'to make the plaintiff whole by reimbursing him or her for the loss or harm suffered.'" Because the Court concluded that the rule stated in "Hunt" was not consistent with this purpose, the Court modified the rule, reversed the Court of Civil Appeals' judgment, and remanded the case for further proceedings. View "S & M, LLC v. Burchel " on Justia Law

The Housing Authority of the Birmingham District ("HABD") appealed the judgment entered by the Jefferson Circuit Court which awarded Logan Properties, Inc., $350,000 on its inverse condemnation claim against HABD, as well as an additional $100,000 for litigation expenses, and awarding the intervening plaintiff Alamerica Bank $10,000 for litigation expenses. Logan Properties is a real-estate and property-management company that purchases, renovates, rents, and maintains single-family and multi-family residences. In January 2002, Logan Properties purchased "Patio Court," a 30-unit apartment complex for approximately $101,000. Logan Properties began renovating the vacant units in the complex with the plan of transferring current tenants into the newly renovated units until the entire complex was eventually renovated and leased. Logan Properties financed the purchase and rehabilitation of Patio Court by obtaining a construction loan from Alamerica Bank. In February 2003, Logan Properties obtained an adjacent parcel of property including a triplex unit with the same goal of renovating and leasing the units. Sometime in 2004, Logan Properties learned that HABD had obtained a federal grant to redevelop "Tuxedo Court," a multi- block public-housing complex located across the street from Patio Court. That project entailed the demolition of the existing Tuxedo Court housing complex and the construction of new housing in its place. After the plans for the Tuxedo Court project were made public, tenants started leaving Patio Court, telling Logan Properties that HABD was going to condemn Patio Court as part of the project. As residents in Tuxedo Court left as well, the general area deteriorated, and the vacant Patio Court apartments became the subject of theft and vandalism. Though Logan Properties had completely renovated 18 of the units, it eventually stopped renovation work, and, at trial conceded that the entire property had become unlivable. The parties tried to negotiate salvaging the area, but Patio continued to deteriorate. HABD subsequently initiated condemnation proceedings, and simultaneously filed a lis pendens notice on the properties. The probate court granted HABD's application for condemnation and appointed three disinterested commissioners to determine the compensation due Logan Properties for the condemnation of its property. The probate court failed to enter an order adopting the commissioners' report within a seven-day period required by statute and Logan Properties moved for a dismissal of the condemnation action. The probate court granted that motion and dismissed the action. Logan Properties then initiated an inverse-condemnation action against HABD, alleging that HABD had taken or injured property owned by Logan Properties. Upon review of the trial court record, the Supreme Court concluded that because no evidence was presented at trial indicating that HABD was responsible for a direct physical injury upon Logan Properties' property, that judgment was reversed and the cause remanded for the trial court to enter a judgment as a matter of law in favor of HABD. View "Housing Authority of the Birmingham District v. Logan Properties, Inc." on Justia Law

A.G. and K.G. ("the paternal grandparents") appealed a juvenile court judgment denying their petition that alleged dependency as to A.L.G. ("the child") without holding an evidentiary hearing. "The fact that a divorce proceeding, at which custody will be determined, is pending and that a trial date for that proceeding has been set does not confer jurisdiction on the circuit court to determine allegations of dependency because the juvenile court exercises exclusive original jurisdiction over proceedings in which a child is alleged to be dependent." Accordingly, the Supreme Court reversed the judgment of the juvenile court and remanded the case for the juvenile court to vacate its judgment denying the dependency petition, to reinstate the paternal grandparents' dependency petition, and to conduct an evidentiary hearing on the petition. View "A.G. and K.G. v. Ka.G. and N.G. " on Justia Law

Jeff Snider ("Jeff"), as administrator of the estate of Thelma June Smith Snider, appealed the trial court's dismissal of his complaint against Marquita S. Morgan ("Morgan"), both as executrix of the estate of Troy Ray Snider and on behalf of the estate of Harold Snider and First Bank of Boaz for failing to state a claim upon which relief could be granted. The matter stemmed from accusations over the execution of a power of attorney, the "seizure" of the decedents' estates and the repayment of loans from the estates. Upon review of the lower court's record, the Supreme Court affirmed the Rule 12(b)(6) dismissal of Jeff's claim against Troy's estate for money had and received (count IV) and the portion of count III representing Jeff's unjust-enrichment claim against Harold's estate. The trial court's judgment of dismissal of the remaining counts, however, were reversed and the case was remanded for further proceedings. View "Snider v. Morgan" on Justia Law

John Earl Brandon ("father") petitioned the Supreme Court for a writ of mandamus to direct the Tuscaloosa Circuit Court to transfer the portion of a custody-modification action filed by Carolyn Anne Brandon ("mother") involving the parties' minor son to the Pickens Circuit Court. In June 2012, the mother petitioned the Tuscaloosa Circuit Court for emergency relief to enforce her right to five weeks of summer visitation with the minor son, as provided in the agreement; to hold the father in contempt for violating visitation orders; and to modify postminority-support provisions of the agreement by transferring control of funds for the older daughter's postsecondary education to the mother. The father answered the petition, filed a counterpetition seeking to hold the mother in contempt and seeking clarification of court orders regarding postsecondary educational costs for the older daughter, and moved to transfer to the Pickens Circuit Court all issues in the mother's petition that related to the minor son. Upon review, the Supreme Court concluded that the father demonstrated a clear legal right to select the venue for adjudication of the claims pertaining to his son, and the Tuscaloosa Circuit Court was without discretion to deny his choice. The Court issued the writ and remanded the case to the Tuscaloosa court to vacate its order denying the father's motion to transfer the claims related to the minor son and to enter an order transferring those claims to the Pickens Circuit Court. View "Brandon v. Brandon" on Justia Law