Justia Alabama Supreme Court Opinion Summaries

Howard Moore and Charles Lloyd were judgment creditors in the aggregate amount of $185,000. In 2012, Moore and Lloyd obtained a writ of execution and the property, in which Mikul had an ownership interest, was sold at an execution sale, at which Moore and Lloyd were the highest bidders at $130,000. There was a question regarding whether Moore and Lloyd were required to pay any cash to obtain a sheriff's execution deed concerning the property, given that the amount of their judgment exceeded the amount of the execution sale price. Moore and Lloyd petitioned for a writ of mandamus to resolve the issue, and Mikul intervened. Moore and Lloyd ultimately prevailed, and the circuit court directed the sheriff to sign and deliver a deed to the property to Moore and Lloyd. Mikul appealed to the Court of Civil Appeals, which transferred the appeal to the Alabama Supreme Court. The Supreme Court affirmed the circuit court's judgment, without an opinion. Days later, Moore and Lloyd initiated an ejectment action against Mikul. Ultimately, the circuit court entered an order in October 2018 concluding that Moore and Lloyd were entitled to possession of the property and that Mikul was not liable to Moore and Lloyd for mesne profits or rents. However, in the same order, the circuit court immediately stayed execution of the order after considering the parties' arguments regarding whether Mikul should be required to post a supersedeas bond to stay execution of the judgment, insofar as it awarded Moore and Lloyd possession of the property, should Mikul choose to appeal. Moore and Lloyd again petitioned for mandamus relief, challenging the October 2018 order. The circuit court in April 2019 concluded it lacked jurisdiction to modify the October 2018 order because Moore and Lloyd had not filed a timely postjudgment motion with respect to the October 2018 order. Mikul moved to quash a writ of execution, referencing the October 2018 court order staying such proceedings. Moore and Lloyd petitioned the Court of Civil Appeals, which again transferred the case to the Supreme Court, who in turn again denied review. Moore and Lloyd filed the ejectment action at issue here. Mikul moved for summary judgment, asserting that the relief sought by Moore and Lloyd should be denied based on the defenses of equitable estoppel, laches and res judicata. A majority of the Supreme Court affirmed the circuit court's last order, finding Moore and Lloyd failed to demonstrate the circuit court's judgment should have been reversed. View "Moore v. Mikul" on Justia Law

In 2018, pursuant to a premises search warrant, police in Mobile, Alabama searched the residence of Joshua Moyers, seeking evidence of drug activity. Although Moyers was referenced in the affidavit supporting the issuance of the warrant, no individuals were named in the warrant itself. Police entered Moyers's house and discovered Nancy Powers sleeping on a couch in the first room of the house. Powers's purse was sitting on a table next to the couch. After confirming with Powers that the purse belonged to her, police searched the purse and discovered methamphetamine, a digital scale, and cash. Relevant to these proceedings, Powers was charged with possession of methamphetamine with intent to distribute. The circuit court denied Powers's motion to suppress the evidence found in her purse. Thereafter, Powers pleaded guilty and appealed to the Court of Criminal Appeals, challenging the trial court's denial of the motion to suppress. The Court of Criminal Appeals unanimously affirmed the trial court's ruling. The Alabama Supreme Court granted Powers's petition for a writ of certiorari to consider a question of first impression: whether police improperly searched Powers' purse, or whether, as the State argued, the purse was simply a container in the House that fit within the scope of the premises warrant. The Supreme Court agreed with the State that the purse was a container that came within the scope of the warrant, and that Powers' right to privacy was not violated. View "Ex parte Nancy Powers." on Justia Law

David Miles appealed a circuit court order denying his postjudgment motion seeking to alter, amend, or vacate a judgment appointing a guardian for Nadine Chalmers. The administration of the guardianship was purportedly removed to the circuit court from probate court. The Alabama Supreme Court determined the removal was not proper under section 26-2-2, Ala. Code 1975, and thus, the circuit court never acquired subject-matter jurisdiction. The Court therefore dismissed the appeal. View "Miles v. Helms" on Justia Law

In the first action ("the 2014 action"), The Gardens at Glenlakes Property Owners Association, Inc., Lake View Villas Association, Inc., Lake View Estates Property Owners Association, Inc., Glenlakes Unit One Property Owners Association, Inc., and Glenlakes Master Association, Inc. ("the Associations"), sued Baldwin County Sewer Service, LLC ("BCSS"), challenging a sewer-service rate increase. In the second action ("the 2017 action"), Dan Gormley, Mike Willis, Janet Maxwell, Larry Morgan, David Vosloh, and Dick Dayton ("the individual plaintiffs") sued BCSS, challenging the same rate increase. The trial court ultimately consolidated the actions in 2020, and it entered an order determining that the Associations and the individual plaintiffs were the real parties in interest in the actions. BCSS appealed that order. The Alabama Supreme Court concluded the order was nonfinal, and could not support an appeal. View "Baldwin County Sewer Service, LLC v. Gardens at Glenlakes Property Owners Association, Inc., et al." on Justia Law

Montgomery Piggly Wiggly, LLC ("Piggly Wiggly"), and Scott Scoggins appealed a circuit court order denying their motion to quash a garnishment proceeding filed by Accel Capital, Inc. ("the judgment creditor"). The Alabama Supreme Court determined the garnishment proceeding had advanced only to the discovery phase, and no final disposition occurred. "An order merely ruling on a motion to quash a garnishment proceeding, without condemning and distributing garnished funds, cannot support an appeal." Accordingly, the appeal in this case was premature and was dismissed. View "Montgomery Piggly Wiggly, LLC, et al. v. Accel Capital, Inc." on Justia Law

A circuit court entered a judgment divorcing Jason Grimmett from April Grimmett on the ground of adultery by Jason, and divided the couple's marital property. The Court of Civil Appeals affirmed the judgment without an opinion, and Jason petitioned the Alabama Supreme Court for certiorari review. The Supreme Court issued the writ to examine, among other things, a potential conflict in the law regarding whether adultery committed after a party files for divorce was a ground for divorce. Because the language chosen by the Legislature, specifying adultery as a ground for divorce, did not limit this ground to prefiling conduct, and because the Supreme Court's early cases distinguishing between prefiling and postfiling adultery had to be read in light of the procedural restrictions of equity practice under which they were decided, the Court affirmed the circuit court's judgment. View "Ex parte Jason Grimmett." on Justia Law

The Alabama Space Science Exhibit Commission d/b/a U.S. Space & Rocket Center ("ASSEC") filed suit against Space Race, LLC ("Space Race"), seeking to avoid an arbitration award entered in favor of Space Race and against ASSEC by an arbitration panel in New York. In July 2016, Space Race agreed to produce an animated series for ASSEC aimed at promoting the interest of children in space exploration and science. The series was to be created and released to the public over a three-year period. In exchange, ASSEC agreed to compensate Space Race with funds ASSEC would receive from a grant from the National Aeronautics and Space Administration ("NASA"), which had contracted with ASSEC to provide funding for the series. The compensation was to be paid to Space Race annually as the series episodes were created during the three-year contract term. The parties' agreement provided that it "shall be governed" by Alabama law. Space Race produced the series before the contract term expired, but ASSEC failed to pay the amount owed for the last year of the series. Space Race claimed that ASSEC still owed Space Race approximately $1.3 million when the contract term expired. The parties' agreement contained an arbitration provision. In December 2017, after being notified by ASSEC that it would no longer make payments to Space Race because the grant from NASA had been terminated, Space Race commenced arbitration proceedings against ASSEC in New York. Space Race moved to dismiss ASSEC's Alabama action, asserting that a New York court had already entered a final judgment confirming the arbitration award. The Alabama trial court denied Space Race's motion to dismiss, and Space Race petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to dismiss ASSEC's action. Because the New York judgment confirming the arbitration award against ASSEC was entitled to full faith and credit and res judicata effect, the Supreme Court granted Space Race's mandamus petition. The trial court was directed to vacate its order denying Space Race's motion to dismiss and to enter an order granting that motion. View "Ex parte Space Race, LLC." on Justia Law

The United States Court of Appeals for the Eleventh Circuit certified five questions to the Alabama Supreme Court on whether state law permitted WM Mobile Bay Environmental Center, Inc. ("WM Mobile"), a judgment creditor, to execute on certain real property owned by the City of Mobile Solid Waste Authority ("the Authority"), a public solid-waste-disposal authority established pursuant to the Alabama Solid Waste Disposal Authorities Act ("the Act"). WM Mobile sued the Authority, alleging that the Authority breached various provisions of a contract between WM Mobile and the Authority for the operation of a landfill (the 'Landfill') owned by the Authority. After a jury trial, WM Mobile obtained a judgment against the Authority totaling $6,034,045.50. To partially satisfy its judgment, WM Mobile asought a writ of execution against a 104-acre parcel of land (the 'West Tract') owned by the Authority that sat adjacent to the Landfill. The Authority purchased the West Tract in 1994 for the future potential expansion of the Chastang Landfill. At the time of the lawsuit, the expansion had not been needed. The Authority moved to quash WM Mobile's request for a writ of execution, asserting, among other things, that Alabama law prohibited execution on the West Tract because that land was owned by the Authority for public use. The district court agreed with the Authority and granted its motion to quash. The Supreme Court concluded: (1) property owned by a solid waste disposal authority did not belong to a county or municipality pursuant to section 6-10-10 Ala. Code 1975; (2) a creditor of such a corporation [like the Authority] cannot subject to attachment, execution or other legal process such of its property as it needs in the performance of its corporate functions and in carrying out of its franchise obligations towards the public; and (3) with regard to what standards were to be used in applying the common-law exemption to attaching a public corporation's property, the Supreme Court noted that the key inquiry was whether the property at issue was owned or used for public purposes. In its responses, the Supreme Court answered the federal district court's first, fourth and fifth questions; the second and third questions were declined. View "WM Mobile Bay Environmental Center, Inc. v. City of Mobile Solid Waste Authority" on Justia Law

Ilka Porter and Lina Louise Porter, through her mother and next friend, Ilka Porter, appealed a probate court order that concluded Sean Porter was married to Alexis Campbell Porter at the time of his death, and appointing Alexis Campbell Porter as administratrix of his estate. The question presented by these appeals was one of first impression in Alabama: Whether the death of a party to a marriage, after a marriage document is executed but before the marriage document is recorded, invalidates the marriage for failure to comply with the registration requirements of section 22-9A-17, Ala. Code 1975. The Alabama Supreme Court concluded that it did not, affirming the probate court's order. View "Porter v. Estate of Porter" on Justia Law

Brett Deslonde appealed the grant of summary judgment entered in favor of Nationstar Mortgage, LLC, doing business as Mr. Cooper ("Nationstar"), and The Bank of New York Mellon, as trustee for Nationstar Home Equity Loan Trust 2007-C ("BNYM"), on Deslonde's claim seeking reformation of a loan-modification agreement on the ground of mutual mistake. In December 2006, Deslonde purchased real property in Fairhope, Alabama with a loan from Nationstar. Deslonde subsequently defaulted on his mortgage payments and applied for a loan modification through Nationstar's loss-mitigation program. By letter dated February 2014, Nationstar notified Deslonde that he had been approved for a "trial period plan" under the federal Home Affordable Modification Program ("the federal program"). Under the federal program, Deslonde was required to make three monthly trial payments in the amount of $1,767.38 and to submit all required documentation for participation in the program, including an executed loan-modification agreement. In July 2014, Nationstar informed Deslonde that his request for a loan modification under the federal program had been denied because he had not returned an executed loan-modification agreement or made the trial payments. That letter informed Deslonde that there were other possible alternatives that might be available to him if he was unable to make his regular loan payments. Deslonde submitted a second application package for loss mitigation in October 2014. Under the executed modification agreement from the second application, Deslonde made monthly payments sufficient to cover only interest and escrow charges on the loan. The loan-modification period, however, expired in November 2016, at which time the monthly payments reverted to the premodification amount so as to include principal on the loan. After the loan-modification period expired, Deslonde made three additional monthly payments, but he then ceased making payments altogether. In an attempt to avoid foreclosure, Deslonde filed a complaint against Nationstar and BNYM in the Baldwin Circuit Court ("the trial court"), requesting a temporary restraining order enjoining foreclosure of the mortgage, a judgment declaring the parties' rights under the executed modification agreement, and reformation of the executed modification agreement on the ground of mutual mistake. Finding that the trial court did not err in granting summary judgment in favor of Nationstar and BNYM, the Alabama Supreme Court affirmed. View "Deslonde v. Nationstar Mortgage, LLC, d/b/a Mr. Cooper et al." on Justia Law