Justia Alabama Supreme Court Opinion Summaries

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 the claims asserted against them by plaintiff, L.D., as the next friend of her mother, E.D. Brookdale operated an assisted-living facility for seniors ("the nursing home") in Jefferson County, Alabama; Wright was the administrator of the nursing home. In March 2022, L.D. filed on E.D.'s behalf, a complaint against Brookdale and Wright and others, asserting various tort claims and seeking related damages premised on allegations that, following her admission to the nursing home, E.D. had been subjected to multiple sexual assaults both by other residents and by an employee of Brookdale. The Brookdale defendants jointly moved to compel arbitration of L.D.'s claims against them or, alternatively, to dismiss the action without prejudice to allow those claims to proceed via arbitration. Following a hearing, the trial court, denied the motion seeking to dismiss the action or to compel arbitration. The Brookdale defendants timely appealed, asserting that the trial court had erred by failing to order arbitration. The Alabama Supreme Court concluded the Brookdale defendants established that an agreement providing for arbitration existed and that the agreement affected interstate commerce. The trial court erred in denying the Brookdale defendants' request to compel arbitration. The Supreme Court reversed the trial court's order and remanded the case for further proceedings. View "Alabama Somerby, LLC, et al. v. L.D." on Justia Law

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 concerning the administration of the estate of Richard and Randy's father, Dedrick William Bentley ("the estate action"), Richard, as coexecutor of Dedrick's estate, asserted cross-claims against Randy, as the other coexecutor of the estate. Richard sought, among other things, the return of certain real property previously owned by their parents to Dedrick's estate and sought to eject Randy from that property. Randy moved for summary judgment on those cross-claims, which was granted by the circuit court. Although the circuit court certified its partial summary judgment as final pursuant to Rule 54(b), Ala. R. Civ. P., that certification was improper, and therefore Richard's appeal of the partial summary judgment (appeal no. SC- 2022-0522) should have been dismissed. In case no. CV-20-900058 ("the fraudulent-transfer action"), Leslie sued Richard seeking to set aside, pursuant to the Alabama Fraudulent Transfer Act ("the AFTA") the allegedly fraudulent transfer of assets that Richard had obtained or inherited from Dedrick's estate to a trust that Richard had created. Leslie moved for summary judgment, which was granted by the circuit court, and Richard appealed (appeal no. SC-2022- 0526). Finding no error in that judgment, the Alabama Supreme Court affirmed. View "Bentley v. Bentley" on Justia Law

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 Ann both claimed an ownership interest. Lyne further requested that the circuit court require the property to be sold and the proceeds divided among the rightful owners of the property. The circuit court entered a summary judgment in favor of Lyne. Debra Ann appealed. The Alabama Supreme Court dismissed Debra Ann's appeal as untimely filed. View "Kawzinski v. Lyne" on Justia Law

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 parties. However, before closing, Michael died. In this declaratory-judgment action, Michael's widow Carol Upchurch, individually and as the executor of Michael's estate, asserted, among other things, a claim to one-third of the proceeds from that sale. David and Jason filed a motion for a summary judgment, which the circuit court granted. The Alabama Supreme Court held that under the circumstances, Michael, David, and Jason's decision to enter into a contract to sell the properties severed their joint tenancy and that, as a result, Michael's estate was entitled to one-third of the proceeds from the sale of properties. The Supreme Court therefore reversed the trial court's judgment and remand the case for the entry of a judgment in favor of the estate. View "Upchurch v. Upchurch" on Justia Law

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 appointed by the probate court; and (2) an order awarding fees to a guardian ad litem appointed to represent Ms. Bashinsky in a proceeding seeking the appointment of a permanent guardian and conservator filed by John P. McKleroy, Jr., and Patty Townsend. McKleroy and Townsend separately appealed the probate court's order dismissing with prejudice of all remaining pending matters following Ms. Bashinsky's death. At issue in this case was whether Ms. Bashinsky was competent and had the capacity to manage her considerable financial estate. When the case was filed, no one knew how long she would survive or whether she was sufficiently competent to continue to care for her financial security. The Alabama Supreme Court granted McKleroy and Townsend's motion to dismiss appeal no. 1210153. As to Erskine's appeal, no. 1200401, the Court determined the December 11, 2020, order awarding fees to Hawley and his attorneys was not a "final settlement" of a guardianship or conservatorship, and it was not otherwise a final judgment, and therefore it was not an appealable order. Accordingly, the appeal was dismissed and the case remanded for the probate to enter a final judgment. View "McKleroy Jr., et al. v. Ash, et al." on Justia Law

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 Alabama Supreme Court found Allie Construction properly commenced an enforcement action, and that action should be allowed to proceed. In reaching a contrary conclusion, the Supreme Court found the circuit court erred. The circuit court judgment was reversed and the matter remanded for further proceedings. View "Allie Construction, Inc. v. Mosier" on Justia Law

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 five-year-old daughter. After the decedent's death, the spouse arranged for the body to be cremated in Florida and had the cremated remains shipped to Hughes Funeral Home and Crematory in Alabama, where the spouse's mother, Mikki Franklin, was employed. A dispute arose between the spouse and the decedent's father, Orlando Bethel, concerning the right to control the disposition of the ashes. Bethel filed an emergency petition seeking a determination that the spouse and decedent had been estranged at the time of the decedent's death and that the spouse had therefore forfeited his right as an "authorizing agent" to control the disposition of ashes. Bethel requested that he, rather than the spouse, be granted the right to control the disposition of the ashes. While the probate action was pending, the father filed a motion at circuit court for a temporary restraining order or, alternatively, for a preliminary injunction enjoining the spouse, the spouse's mother, and the funeral home ("the defendants") from further "dividing, diminishing, splitting up or otherwise disposing of" the ashes. A five-day restraining order was entered, but ultimately the preliminary injunction was not, and later the probate entered a final order dismissing the father's petition. The probate court did not address the father's allegation that the spouse and the decedent had been estranged at the time of the decedent's death. The Alabama Supreme Court determined the circuit court exceeded its discretion in denying the father's motion for a preliminary injunction pending a final hearing on the merits of the probate appeal. Judgment was reversed and the matter remanded for further proceedings. View "Bethel v. Franklin, et al." on Justia Law

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 interest rate was 7% per year, and payments were to be made monthly. The final installment was scheduled to be August 2045. On April 16, 2015, Levern executed a quitclaim deed in which he transferred his interest in the property to his brother, Levorn. In 2017, Brim filed suit, alleging defendants were in default on the promissory note and mortgage. Defendants denied they were in default and disputed the balance owed on the note. Brim asked the trial court to enter a judgment declaring that defendants were in default; to determine the amount still owed on the promissory note; and to authorize Brim to foreclose the mortgage. Brim died in 2019; Darryl Hamilton, as the personal representative to Brim's estate, was substituted as plaintiff. Defendants unsuccessfully challenged Hamilton's substitution into the promissory note action. The circuit court thereafter found defendants were in default on the promissory note and mortgage, the amount owed was $26,125.50; and that Hamilton could proceed with foreclosure proceedings. Defendants argued on appeal to the Alabama Supreme Court that the trial court erroneously denied their motion to reconsider the order substituting Hamilton as the plaintiff and to dismiss the action pursuant to Rule 25(a)(1), Ala. R. Civ. P., because the motion for substitution was not filed until nearly 31 months after the filing of the suggestion of death. The Supreme Court found after review of the trial court record that the trial court exceeded its discretion when it denied defendants' motion to reconsider and dismiss the action pursuant to Rule 25(a)(1), Ala. R. Civ. P. The trial court's judgment was reversed and the matter remanded for the trial court to set aside its order substituting Hamilton as plaintiff, set aside its order finding defendants in default of the note and mortgage, and to dismiss the action pursuant to Rule 25(a)(1). View "Davis v. Hamilton" on Justia Law

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 previously appointed by the probate court; and (2) an order awarding fees to a guardian ad litem appointed to represent Ms. Bashinsky in a proceeding seeking the appointment of a permanent guardian and conservator filed by John McKleroy, Jr., and Patty Townsend. McKleroy and Townsend separately appealed the probate court's dismissal with prejudice of all remaining pending matters following Ms. Bashinsky's death. Ms. Bashinsky was the widow of Sloan Bashinsky, who owned the majority stock in Golden Enterprises, Inc., and who was the founder, chairman, and chief executive officer of Golden Flake Foods ("Golden Flake"). McKleroy and Townsend, two former Golden Flake employees who had professional relationships with Ms. Bashinsky, alleged that Ms. Bashinsky was incapable of caring for herself and for her assets, which were then valued at approximately $218 million. McKleroy and Townsend's allegations of Ms. Bashinsky's incompetence centered on her request that Level Four Advisory Services LLC, which held approximately $35 million of Ms. Bashinsky's personal assets, transfer $17.5 million to David Heath at investment firm Morgan Stanley. McKleroy and Townsend further alleged that the transferred assets would end up being controlled by Ms. Bashinsky's grandson, Landon Ash, whom they alleged had already accumulated $23.5 million in total indebtedness to Ms. Bashinsky and whom they alleged exerted undue influence upon Ms. Bashinsky. The Alabama Supreme Court granted McKleroy and Townsend's motion to dismiss. The Court determined the order awarding attorney fees was not a "final settlement" of a guardianship or conservatorship, and it was not otherwise a final judgment, and therefore it was not an appealable order. Accordingly, Erskine's appeal was dismissed, and the matter remanded for the probate court to enter a proper final judgment in this case. View "Erskine v. Guin, et al." on Justia Law

Milton Turner died on July 25, 2018. On September 20, 2018, Mildred Williamson petitioned for letters of administration of Turner's estate in the probate court. In her petition, Williamson asserted that Turner had died intestate and that Williamson was Turner's only surviving heir. In 2019, Williamson, individually and in her capacity as the personal representative of Turner's estate, entered into a contract agreeing to sell to Matthew Drinkard and Jefferson Dolbare ("the purchasers") real property belonging to the estate for $880,650. The real-estate sales contract specified that the closing of the sale was to occur on or before May 31, 2019. On February 7, 2019, Williamson, individually and in her capacity as personal representative of Turner's estate, executed a deed conveying other real property that was part of Turner's estate to Marcus Hester. On February 13, 2019, Callway Sargent, alleging to be an heir of Turner's, filed a claim of heirship in Turner's estate. Sargent also moved for injunctive relief in which he acknowledged the February 7, 2019, deed, but asserted that Williamson had agreed to sell and had conveyed real property belonging to Turner's estate without the approval of the probate court, and requested that the probate court enjoin "Williamson from engaging in any further administration of [Turner's] estate until so ordered by [the probate court]." Williamson petitioned to have the case removed fro probate to the circuit court. From February 28, 2019, to March 18, 2019, a number of individuals came forward, all claiming to be Turner's heirs. Williamson moved to have the circuit court approve the pending property sales. Williamson and the purchasers did not close on the sale of the property that was the subject of their real-estate sales contract by May 31, 2019, as required by the contract. Some of the purported heirs petitioned the circuit court to stay or vacate the order approving the purchasers contact until matters regarding the heirs was resolved. Drinkard and Dolbare filed a motion to intervene in the proceedings regarding the administration of Turner's estate, but the circuit court denied the motion. The Alabama Supreme Court affirmed the circuit court's denial of the purchasers' motion to intervene in the administration of Turner's estate. View "Drinkard, et al. v. Perry, et al." on Justia Law