Justia Alabama Supreme Court Opinion Summaries

Charles Simmons was convicted of a Class A misdemeanor. He appealed the conviction to the Lowndes Circuit Court for a trial de novo. He was convicted and appealed the circuit court's judgment to the Court of Criminal Appeals. The Court of Criminal Appeals reversed the judgment and remanded the case. The State petitioned the Supreme Court for certiorari review of the decision of the Court of Criminal Appeals. The mother of the victim filed a complaint, stating that Simmons, a teacher, had had sexual contact with her daughter, who at the time the sexual contact occurred was under 19 years old. It was undisputed that the mother's complaint was not included in the file forwarded to the circuit court by the district court clerk. An information, however, was filed in the circuit court by the district attorney after Simmons had filed his notice of appeal for a trial de novo. Before the trial in the circuit court commenced, Simmons moved to dismiss the case against him because, he said, the original charging instrument from the district court, the mother's complaint, was not being used to prosecute his case, and he objected to being prosecuted on the information filed by the district attorney subsequent to his conviction in the district court. The circuit court denied his motion, and trial proceeded. Simmons was then convicted. The Court of Criminal Appeals held that, "[i]n the absence of a proper charging instrument, the circuit court could not exercise jurisdiction over Simmons's appeal," and that the circuit court's judgment was void and due to be set aside, and it reversed the judgment and remanded the case. The Supreme Court concluded after its review that the Court of Criminal Appeals erred in holding that the circuit court could not exercise its jurisdiction or that the circuit court's jurisdiction did not attach because the charging instrument from the district court was not used to prosecute Simmons's case in the circuit court. View "Alabama v. Simmons" on Justia Law

Plaintiffs Mary Hall, the personal representative of the estate of Adolphus Hall, Sr., and Anaya McKinnon, the personal representative of the estate of Wanzy Lee Bowman appealed the Jefferson Circuit Court's order dismissing their complaint filed against Environmental Litigation Group, P.C., a law firm ("ELG"). The plaintiffs filed a complaint in against ELG, requesting a declaratory judgment and alleging one count of unjust enrichment and one count of breach of contract. The plaintiffs asserted those claims on behalf of the estates they represented and on behalf of "others similarly situated as a class action pursuant to Rule 23," Ala. R. Civ. P. In the 1990s, ELG agreed to represent hundreds of clients who had been exposed to asbestos, including Adolphus Hall and Bowman; ELG entered into an attorney-employment agreement with each client; pursuant to that agreement, ELG agreed to "take all legal steps necessary to enforce the said tort claim," and in return ELG would receive 40% of amounts collected from any settlement or judgment as its fee; the agreement also permitted ELG to reimburse itself for reasonable expenses related to the clients' claims. The "crux" of the plaintiffs' claims is that ELG breached the attorney-employment agreement by allegedly taking as an attorney fee more than 40% of the settlement proceeds. ELG filed a motion to dismiss the plaintiffs' appeal, arguing that the Supreme Court did not have subject-matter jurisdiction over the plaintiffs' appeal because "[o]nly the Alabama State Bar has jurisdiction to resolve the dispute between the parties." The Supreme Court concluded the trial court erred in dismissing plaintiffs' complaint, and affirmed the denial of ELG's motion to dismiss. View "Hall v. Environmental Litigation Group, P.C. " on Justia Law

Wade Tucker and Wendell Cook Testamentary Trust, on behalf of shareholders of HealthSouth Corporation brought a shareholder-derivative action against Ernst & Young, LLP ("E&Y"), asserting claims of "audit malpractice" based on E&Y's failure to discover and, if discovered, to report accounting fraud. The "audit malpractice" claims included various claims of negligence, breach of contract, and fraud. The action was referred to arbitration, and an arbitration award was entered in favor of E&Y. HealthSouth filed a motion in the Circuit Court seeking to vacate the award. The circuit court denied the motion to vacate and entered a final judgment in favor of E&Y based on the award. HealthSouth appeals. Finding no reversible error, the Supreme Court affirmed. View "Tucker v. Ernst & Young LLP " on Justia Law

The Reserve is a subdivision in Madison County that comprises four smaller communities or subdivisions. One of the subdivisions or communities within The Reserve is named Oak Grove. Each of the four plaintiffs owns a house in Oak Grove, and all four are members of The Reserve Subdivision Home Owners' Association ("the HOA"). Gulf Coast Development, LLC was the original owner and developer of The Reserve. Gulf Coast filed a "Declaration of Protective Covenants for The Reserve Subdivision" in the Madison Probate Court. In August 2012, DL Horton, Inc. purchased the assets of Breland Homes, LLC, including lots 13 and 26 in Oak Grove. Pursuant to a licensing agreement, Horton acquired the right to use the trade name "Breland Homes." Horton, doing business under that trade name, submitted an application for construction-design review to The Reserve Architectural Review Committee ("the ARC") concerning lots 13 and 26 in Oak Grove. The ARC notified Horton that the plan submitted with its application "was not approved for construction" because it was not aesthetically comparable to other houses in Oak Grove, and recommended an immediate cease construction order. Horton responded by stating that, given that the ARC had previously approved the same construction plan, Horton planned to proceed with the construction plan submitted. The HOA then sent a letter demanding that Breland cease further construction. Plaintiffs then filed a complaint against Breland, Gulf Coast, and the HOA seeking a judgment declaring that Gulf Coast did not have power to "veto" the actions of the ARC, that Breland was in violation of the protective covenants in the Declaration, and that "the Board ha[d] the power to take action as it deem[ed] necessary to remedy such violations." Plaintiffs also filed a motion for a temporary restraining order and a preliminary injunction. The Supreme Court dismissed plaintiffs' appeal when the trial court denied them relief: review of the nonfinal summary judgment in favor of Gulf Coast and of the summary judgment entered in favor of Horton and Breland required resolution of whether Gulf Coast had authority to approve the construction applications for lots 13 and 26 in Oak Grove when the same applications had already been denied by the ARC. Horton, Breland, and Gulf Coast presented the same arguments in their summary-judgment motions and the same defenses to the plaintiffs' claims. Although the summary judgment in favor of Breland and Horton was before the Supreme Court on appeal, the summary judgment in favor of Gulf Coast was not. Because the threshold issue in the judgment before this Court is identical to the threshold issue in a claim still pending before the trial court, the Supreme Court concluded that the claims were "so closely intertwined that separate adjudication would pose an unreasonable risk of inconsistent results." View "Grant et al. v. Breland Homes, LLC" on Justia Law

The City of Midfield, Officer Jason Davis, and Sgt. Otis Brown petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to enter a summary judgment in their favor, based on State-agent immunity, on claims filed against them by Patrick Williams ("Patrick") and Elizabeth W. McElroy, as successor administratrix of the estate of Willie Lee Williams. Police engaged a suspect in a high speed chase following a traffic stop. The driver struck Patrick's vehicle. The collision caused the truck to flip over several times. Willie Lee died at the scene, and Patrick suffered severe injuries. Patrick and the estate sued the driver alleging claims of wrongful death, negligence, and wantonness. Patrick and the estate also sued the Midfield defendants, alleging various negligence claims. The Midfield defendants moved the circuit court to dismiss the claims against them, alleging, among other things, that Officer Davis and Sgt. Brown were entitled to police-officer immunity, and that because the officers were immune from suit, the claims against Midfield also failed. The circuit court denied the motion, and the Midfield defendants petitioned the Supreme Court for mandamus relief, which was denied in May 2012. While the Midfield defendants' first mandamus petition was pending, Patrick and the estate amended their complaint, alleging negligence per se against Midfield for the negligence of Sgt. Brown, claims of negligent supervision and training against Midfield, and claims of general negligence against Officer Davis and Sgt. Brown and, derivatively, against Midfield. In May 2013, the Midfield defendants filed a motion for a summary judgment, again arguing, among other things, that Officer Davis and Sgt. Brown were immune from suit and that the claims against Midfield were too. The circuit court denied the motion, and the Midfield defendants appealed. Upon review, the Supreme Court found that the circuit court erred in denying the Midfield defendants' motion for summary judgment, granted their petition, and issued the writ. View "Williams v. City of Midfield" on Justia Law

AutoSource Motors, LLC petitioned the Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court: (1) to vacate its order denying AutoSource's motion to dismiss the action filed against it by Stephanie Chamberlain for lack of personal jurisdiction; and (2) to enter an order granting AutoSource's motion to dismiss for lack of personal jurisdiction. The controversy arose when Chamberlain purchased a vehicle from AutoSource via the Internet. Chamberlain's affidavit did not rebut the prima facie showing made by AutoSource in that her affidavit failed to establish that AutoSource was subject to suit in Alabama pursuant to either general personal jurisdiction or specific personal jurisdiction; consequently, the Supreme Court held that the circuit court erred in denying AutoSource's motion to dismiss Chamberlain's complaint for lack of personal jurisdiction. AutoSource demonstrated a clear legal right to the relief it sought; the Supreme Court granted its petition and issued the writ. View "Chamberlain v. AutoSource Motors, LLC" on Justia Law

The State of Alabama, the Alabama Department of Finance, and the Comptroller of the State of Alabama, nonparties to the underlying action, appealed a circuit court order denying the State's motion to intervene as of right. Mrs. Frances Ann Yarbrough died intestate with no heirs that were in the line of descendant distribution. As a result, her assets escheated to the State of Alabama. The Supreme Court ordered the Estate to pay certain expenses of the Estate, and then to pay the balance of the Estate's funds to the State of Alabama. In that same order, the Court ordered the State of Alabama to pay the escheated funds to the St. Clair County's Circuit Clerk's office to be used by the Clerk 'to rehire some of the employees lost to proration.' The State, through its counsel Mr. Bledsoe, stated that the Estate's escheated funds must be used or applied in furtherance of education in accordance with the Alabama Constitution.Through counsel, Mr. Bledsoe, declared that there was no objection to disbursing the Estate's escheated assets to the Pell City Board of Education and the St. Clair County Board of Education. Based on that representation, the Estate moved the Supreme Court to Alter, Amend, or Vacate its earlier order to direct the State to pay the Estate's escheated assets to the Pell City Board of Education and the St. Clair County Board of Education. The State objected to the Supreme Court's order. In turn, the Supreme Court treated the objection as a Motion to Alter, Amend, or Vacate, filed it with the circuit clerk, and set the matter for a hearing. Because the State was not a party to this matter, the State did not receive direct notice of the hearing. The Estate's counsel, Ms. Williams, however, provided the State notice of the hearing by e-mail to Mr. Bledsoe. The State did not appear at the hearing, and the Supreme Court denied the relief requested by the State. The circuit court then denied the State's motion to intervene. Because the circuit court failed to follow the Supreme Court's order, it reversed the circuit court's order denying the State's motion to intervene. "The circuit court exceeded its authority in attempting to appropriate the escheated funds." All issues having been decided on both the motion to intervene and the underlying action, a judgment was rendered for the State. View "Alabama et al. v. Estate Yarbrough" on Justia Law

Elaine Dees sued Guyoungtech USA, Inc., alleging retaliatory discharge. A jury awarded Dees $1 million in compensatory damages and $2.5 million in punitive damages. The trial court denied Guyoungtech's post-trial motion for a judgment as a matter of law ("JML") or, alternatively, for a new trial but remitted the awards to $300,000 in compensatory damages and $900,000 in punitive damages, which Dees accepted. Guyoungtech appealed. Because the Supreme Court concluded that Guyoungtech is entitled to a new trial, it did not address the denial of its motion for a JML. View "Guyoungtech USA, Inc. v. Dees " on Justia Law

Petitioners the City of Valley Grande and its mayor, David Labbe, petitioned the Supreme Court for a writ of mandamus to direct the Circuit Court to vacate its order denying petitioners' motion for a summary judgment and to enter a summary judgment for the petitioners on claims asserted against them by Marcus Kelley, Yolanda Kelley, and Jeffery Barlow, Jr. The Valley Grande Volunteer Fire Department was incorporated specifically as a charity under 501(c)(3) of the Internal Revenue Code. In 2008, the City entered into an agreement with the fire department to which the fire department agreed to provide fire protection service to the City "without remuneration." However, the petitioners did acknowledge in the fire-service agreement that the City "ha[d] in the past and likely [would] continue to provide [the fire department] with some level of annual funding." Mayor Labbe testified that the City and the fire department are separate entities and that the City did not maintain or reserve any right of control over the fire department. In early 2011, James Barlow, Sr., and his mother, Bertha Yeager, were killed in a house fire. W. Alan Dailey, the coroner for Dallas County, pronounced Barlow and Yeager dead at the scene and directed members of the fire department to remove the remains of the deceased from the house. The plaintiffs alleged that the fire department represented that it had recovered all the decedents' remains. The plaintiffs stated that in April 2011 the family discovered a body bag at the scene of the fire that contained additional remains of Barlow. Plaintiffs sued petitioners, among others, asserting claims of negligence; wantonness; intentional infliction of emotional distress; fraud; suppression; and negligent and/or wanton hiring, training, and supervision of the individual firefighters against both the City and the mayor. Petitioners moved for a summary judgment, arguing, among other things, that the petitioners did not employ, supervise, or train any firefighters; that petitioners did not reserve any right of control over the fire department; that the petitioners were entitled to immunity pursuant to the Volunteer Service Act, 6-5-336, Ala. Code 1975; that the City was immune from suit for intentional torts of its agents, officers, or employees; and that the petitioners could not be liable for negligent and/or wanton hiring, training, or supervision of the individual firefighters because, they said, no master-servant relationship existed between the City and the fire department. The trial court denied petitioners' motion. Because of the procedural posture of this case, the Supreme Court addressed only those issues on immunity grounds and concluded that the agreement between the City and the fire department, as well as the donations made to the fire department by the City, did not alter the fire department's status as a "volunteer" fire department. Furthermore, the Court concluded that the firefighters were immune from liability for their negligent acts under the Volunteer Service Act. Accordingly, the Court granted the petition for a writ of mandamus in this case and directed the trial court to enter summary judgment for the petitioners. View "Kelley et al. v. Dailey" on Justia Law

Chase Andrew Dunn petitioned the Supreme Court for certiorari review of the Court of Criminal Appeals' decision affirming the trial court's revocation of his probation. Dunn pleaded guilty to first-degree assault, and was sentenced to 10 years' imprisonment. That sentence was split, and Dunn was ordered to serve two years' imprisonment followed by three years' probation. Dunn's probation officer filed a delinquency report alleging that Dunn had violated the terms of his probation by: (1) committing the new offense of third-degree robbery; (2) failing to pay court-ordered moneys; and (3) failing to pay supervision fees. The Supreme Court granted Dunn's petition to determine whether the Court of Criminal Appeals' decision conflicted with "Goodgain v. Alabama," (775 So. 2d 591 (Ala. Crim. App. 1999)). The Supreme Court concluded that it did, and therefore reversed and remanded the case for further proceedings. View "Dunn v. Alabama" on Justia Law