Justia Alabama Supreme Court Opinion Summaries

The Alabama Corrections Institution Finance Authority ("ACIFA") and its ex officio vice president Kim Thomas appealed a judgment entered on a jury verdict awarding $5 million in compensatory damages to Albert Wilson, Donald Simmons, Rufus Barnes, Bryan Gavins, Joseph Danzey, and a class of current and former nonexempt correctional officers ("the correctional officers") employed by the Alabama Department of Corrections ("ADOC"). The correctional officers originally filed suit alleging that ADOC was violating its own regulations and state law in the manner in which it: (1) compensated correctional officers for overtime; (2) restricted the way correctional officers were allowed to use earned leave; and (3) paid correctional officers the daily subsistence allowance provided by law. The plaintiffs also sought class certification on behalf of all other similarly situated correctional officers employed by ADOC and requested injunctive relief, as well as money damages, to include backpay with interest, punitive damages, and litigation costs and expenses, including attorney fees. The Supreme Court reversed the judgment entered on the jury's verdict: "Suffice to say, [the correctional officers] failed to present substantial evidence of a connection between ACIFA and the supervision of the correctional officers or how the correctional officers are paid. Without evidence indicating that ACIFA had anything to do with the personnel policies at issue or how correctional officers' pay is determined and distributed or the funds that are used to pay correctional officers, ACIFA cannot be held liable for the harms the correctional officers allege they suffered. Because of the lack of substantial evidence in support of the claims made by the correctional officers against ACIFA and against Thomas as ex officio vice president of ACIFA, the defendants were entitled to a judgment as a matter of law on those claims." View "Alabama Corrections Institution Finance Authority v. Wilson" on Justia Law

This case was, "[i]n short, ... an insurance bad faith failure to defend/indemnify/settle case arising out of several underlying lawsuits, which in turn arose out of the [respondents'] operation and financing of a dairy farm in between 2007 and 2010." Specifically, the respondents were involved in two earlier actions, the first as plaintiffs and the second as defendants. Both actions concerned the respondents' operation of a dairy farm and milking facility located in Dallas County. At all relevant times in the first action, both Laird Cole and Henry Cole were insured by Alfa Mutual Insurance Company. At all relevant times in the second action, Laird Cole was insured by Alfa. While these two actions were ongoing, Jerry Newby was the president and chief executive officer of Alfa. On July 25, 2013, Laird Cole and Foundation Farms sued Alfa in the circuit court, alleging "claims of fraud, breach of contract, bad faith, breach of the enhanced duty of good faith, negligence, and wantonness arising out of [Alfa's] handling [of the] underlying lawsuits." The respondents filed an amended complaint adding Henry Cole as an additional plaintiff and "clear[ing] up some of the allegations." On April 30, 2014, Alfa moved for summary judgment, alleging that there was no dispute as to any material fact and that Alfa was entitled to judgment as a matter of law. Respondents then served Alfa with a subpoena ordering Newby to appear at a video deposition. Newby and Alfa petitioned the Supreme Court for a writ of mandamus to direct the circuit court to vacate its November 19, 2014, order denying the petitioners' motion to quash the subpoena directed to Newby for deposition testimony that was requested by respondents. After review of the matter, the Supreme Court concluded that petitioners failed to demonstrate that they had a clear legal right to the relief sought and denied their petition. View "Ex parte Jerry Newby and Alfa Mutual Insurance Company." on Justia Law

The issue this case presented for the Alabama Supreme Court's review centered on the propriety of a probation revocation hearing. The State moved to revoke the probation of Carless Wagner based on allegations that he violated two conditions of his probation. At the end of the hearing in question, the trial court revoked Wagner's probation and ordered him to serve the remainder of his sentence with the Department of Corrections. Wagner appealed, and the Court of Criminal Appeals reversed the trial court's order, finding that Wagner had not received a probation-revocation hearing in compliance with Rule 27.6(c), ALa. R. Crim. P. The State appealed the Court of Criminal Appeals' judgment. After review, and finding that Wagner received a hearing that "substantially conformed" with the Rule , the Supreme Court reversed the appellate court. View "Ex parte State of Alabama." on Justia Law

The Alabama Supreme Court granted review of this case filed by E.L. seeking review of a Court of Civil Appeals decision to affirm a family court order insofar as that judgment recognized and gave effect to an adoption decree entered by the Superior Court of Fulton County, Georgia approving the adoption by V.L., E.L.'s former same-sex partner, of E.L.'s biological children, S.L., N.L., and H.L. E.L. and V.L. were involved in a relationship from approximately 1995 through 2011. During the course of that relationship, they maintained a residence in Hoover. In December 2002 E.L. gave birth to S.L., and in November 2004 E.L. gave birth to twins, N.L. and H.L. All births were achieved through the use of assisted-reproductive technology. The parties eventually made the joint decision to take legal action to formalize and to protect the parental role V.L. had undertaken. In 2007, V.L. filed a petition with the Georgia court to adopt the children. The Georgia granted the petition, and subsequently new birth certificates were issued. In approximately November 2011, E.L. and V.L. ended their relationship, and, in January 2012, V.L. moved out of the house E.L. and V.L. had previously shared. 2013, V.L. filed a petition in the Jefferson Circuit Court alleging that E.L. had denied her access to the children and had interfered with her ability to exercise her traditional and constitutional parental rights. She asked the Alabama court to register the Georgia judgment, to declare her legal rights pursuant to the Georgia judgment, and to award her some measure of custody of or visitation with the children. The matter was transferred to the Jefferson Family Court, and E.L. moved that court to dismiss V.L.'s petition on multiple grounds. The Jefferson Family Court ultimately denied E.L.'s motion to dismiss, without a hearing, and simultaneously awarded V.L. scheduled visitation with the children. E.L. filed her notice of appeal to the Court of Civil Appeals. After reviewing the record and analyzing the relevant law of both Alabama and Georgia, the Supreme Court concluded that the Court of Civil Appeals and the Jefferson Family Court erred in giving full faith and credit to the Georgia judgment because the Georgia court was without subject-matter jurisdiction to issue the Georgia judgment. Accordingly, the judgment of the Court of Civil Appeals was reversed and the case remanded for further proceedings. View "Ex parte E.L." on Justia Law

In 2010, Yan Chen, who had a business interest in a restaurant, entered into a 10-year lease agreement with Russell Realty, LLC, and MRT, LLC. The property to be leased was located in Greenville. The lease agreement was drafted by Russell Realty and contained an arbitration clause. In 2012, Russell Realty and MRT sued Chen along with Qiaoyun He, Joe Zou, and Yami Buffet, Inc., alleging breach of contract. Chen filed a response to the motion, alleging that she had been in China for a few months, and that she had not been personally served with notice of the lawsuit. She subsequently filed a motion to dismiss the complaint, asserting that the lease agreement contained an arbitration clause and that "said complaint[] fails to state any measures that have been taken in lieu of the fulfillment of such agreed Arbitration Clause." The trial court denied both Russell Realty and MRT's motion for a default judgment and Chen's motion to dismiss. About a month after this, Chen filed a motion to compel arbitration, asserting that, as "part of Plaintiffs['] lease agreement, plaintiff[s] agreed to binding arbitration. In 2013, Chen filed a second motion to dismiss, alleging that Russell Realty and MRT had refused to mediate and had refused to arbitrate. Russell Realty and MRT filed an objection to Chen's second motion to dismiss, asserting that "time of the stay set by the court has almost expired and Defendant Yan Chen has not made any movement, act, or effort to seek Arbitration to resolve the issues." Russell Realty and MRT again sought a default judgment against the defendants, including Chen. She asserted that counsel for Russell Realty and MRT had failed to respond to her attempts to seek a settlement before the hiring of a mediator or arbitrator and that, subsequently, she had contacted a mediator/arbitrator and Russell Realty and MRT had not responded to her choice of mediator/arbitrator. The trial court then entered an order stating that the Chen's appeal was moot as the court had not yet entered a final order. In early 2015, the trial court entered an order awarding Russell Realty and MRT $682,050.10 against all the defendants, including Chen, jointly and severally. Chen appealed. Based on its review of the facts in the circuit court record, the Supreme Court reversed with regard to Chen and remanded the case for the trial court to enter an order requiring arbitration in accordance with the terms of the lease agreement. View "Chen v. Russell Realty, LLC" on Justia Law

John R. Cooper, in his official capacity as director of the Alabama Department of Transportation ("ALDOT"), appealed a Circuit Court's December 16, 2014, order enjoining him from prohibiting Eddie Ziegler, Lisa Ziegler Player, Jennifer Ziegler Cousins, Angela Gay Ziegler Bracknell, and Cathy Donaldson (referred to collectively as "the Zieglers"), from obtaining legal permits to build seven to eight houses on the Zieglers' property or from otherwise interfering with the Zieglers' plans and likewise enjoining Cooper from withholding consent for the building of those houses in the event the Zieglers obtain the required permits. Because the Supreme Court found that Cooper was entitled to sovereign immunity, it reversed and remanded the case for further proceedings. View "Cooper v. Ziegler" on Justia Law

Larry Butler, individually and as executor of the Estate of Elizabeth S. Butler, appealed a circuit court judgment declaring void the will of Elizabeth S. Butler executed in October 2012, and setting aside the Probate Court's admission of that will to probate. Ned Butler, Sr. ("Ned"), and Elizabeth Butler ("Betty") were married and had three children, Ned N. Butler, Jr., Steve Butler, and Michael Robin Butler ("Robin"). In July 2008, after numerous discussions about their estate, Ned and Betty executed a document entitled The Butler Family Trust, a joint revocable living trust that contained provisions for the well being of themselves, their children, and their grandchildren. Ned and Betty executed wills identical in all material respects that provided that their assets pour over into The Butler Family Trust at their deaths. In September 2011, Ned and Betty executed new wills that were virtually identical to their July 2008 wills with the exception that different alternate executors were named. Ned died in late 2011. In October 2012, Betty executed a will in which she expressly revoked all other wills and codicils. The distribution of Betty's estate in this new will differed from the distribution of her estate as provided in The Butler Family Trust; Larry was named executor of her will. Betty died in late 2013. The Probate Court admitted Betty's 2012 will to probate in 2014. The following day, Ned Jr.'s children filed a complaint with the Circuit Court against Larry, individually and as executor of Betty's estate, contesting Betty's 2012 will. The circuit court set aside Betty's will and declared it void. Larry moved to vacate the circuit court's judgment, arguing that the court erred in applying 43-8-250, Ala. Code 1975, to the facts of this case because, as he contended, there was language in the Butler Family Trust prohibiting Betty from changing the trust after Ned's death, but that there was no language in either the Family Trust or Betty's earlier wills creating a contract that prohibited her from changing anything else. The circuit court denied the motion, and Larry appealed. Because the evidence did not establish that Betty entered into a contract not to revoke her will or a devise, the Supreme Court concluded the circuit court's judgment declaring Betty's 2012 will to be void and setting aside the probate court's order to admit that will to probate because Betty had executed a contract not to revoke her 2011 will was erroneous. View "Butler v. Butler" on Justia Law

The State of Alabama, on behalf of Rick Allison, Probate Judge of Walker County, appealed a Walker Circuit Court judgment entered in favor of Jill Farris, the county administrator for Walker County. By statute, Judge Allison, as the chief elections officer for Walker County, must publish certain voter lists and election notices. Judge Allison argued on appeal, as he did in the circuit court, that he had the authority to determine in which newspaper of general circulation notices would be published and that he could also contract with that newspaper for the cost of publishing the notices. Farris argued Judge Allison did not follow established procedure by obtaining competitive bids for the pricing of such publishing. The Supreme Court As chief election officer for Walker County pursuant to statute, Judge Allison could contract to publish the notices he is required to publish. The Court reversed the circuit court's judgment insofar as it held otherwise. The case was remanded for further proceedings, including a determination of whether Judge Allison substantially complied with the competitive-bid law and, if so, whether Judge Allison's request for attorney fees was appropriate. View "State of Alabama ex rel. Allison, v. Farris" on Justia Law

The City of Birmingham sued "Bonedaddy's of Lee Branch" for failing to pay its business-license taxes, occupational taxes, interest, penalties and fees for multiple years since the business' formation in 2007. The City alleged that the defendants had failed and refused to submit business records and tax returns for the periods that were the subject of the complaint; that the defendants were currently engaged in business in the City of Birmingham in violation of the City's business-license code; and that notice of the final tax assessments had been mailed but that no payments had been forthcoming. The City asked the trial court to enter a preliminary injunction directing the defendants to refrain from further conducting business within the City and causing the sheriff to padlock the defendants' place of business in the City. The trial court ultimately granted the City's request, and Bonedaddy's was prohibited from further business until its back-taxes were paid. Cowan and Bonedaddy's argued on appeal that the trial court did not have subject-matter jurisdiction to enter a final judgment against defendant John Cowan in this case because, they say, the City did not comply with certain provisions of the Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures Act. Upon review, the Supreme Court found that the City had issued a final sales-tax assessment against Bonedaddy's. The notice of final assessment, however, did not name Cowan individually as the taxpayer nor was the notice mailed to Cowan. Additionally, the City did not present any evidence at trial to indicate that it had ever issued a final sales-tax assessment against Cowan per se. Based on the evidence presented at trial, it did not appear that the City complied with the requirements of the TBOR with regard to Cowan. The Court reversed the trial court with respect to Cowan's responsibility to pay Bonedaddy's outstanding sale taxes, but affirmed with regard to the tax assessments against Bonedaddy's itself. View "Bonedaddy's of Lee Branch, LLC v. City of Birmingham" on Justia Law

Jason Tulley was convicted of carrying a pistol on premises not his own in violation of a Jacksonville city ordinance. The Alabama Supreme Court granted certiorari review to determine whether by charging him under Ordinance No. O-514-10, which incorporated by general reference section 13A-11-52 Ala. Code 1975, the City violated Tulley's due-process rights. After review, the Supreme Court reversed the judgment of the Court of Criminal Appeals affirming Tulley's conviction. At the time of Tulley's alleged offense, 13A-11-52 was unconstitutional on its face, and the City's purported adoption of that offense as an offense against the City by general reference in Ordinance No. O-514-10 was a nullity. Accordingly, the trial court lacked jurisdiction to convict Tulley. View "Ex parte Jason Dean Tulley." on Justia Law