Justia Alabama Supreme Court Opinion Summaries

These consolidated appellate proceedings arose from a quo warranto action filed by the State of Alabama, on the relation of Charles Driggars, challenging Governor Kay Ivey's appointment of James Naftel II to the office of Judge of Probate of Jefferson County, place no. 1. In case no. 1200755, Judge Naftel, individually and in his official capacity, and Governor Ivey appealed a circuit court order denying their motion for a summary judgment. After review, a majority of the Alabama Supreme Court reversed that order and the case remanded for the circuit court to enter summary judgment in Judge Naftel and the Governor's favor. The Court's resolution of the appeal in favor of Judge Naftel and Governor Ivey made the relief sought in their petition for a writ of mandamus moot; the petition was therefore dismissed. View "Naftel v. Alabama ex rel. Driggars" on Justia Law

Richard Glass appealed a circuit court judgment upholding the constitutionality of a municipal ordinance and a corresponding local act that authorized automated photographic enforcement of traffic-light violations within the corporate limits of the City of Montgomery ("the City"). Glass claimed the ordinance and the local act violate dArt. VI, sections 89, 104, and 105, Ala. Const. 1901 (Off. Recomp.). On August 7, 2017, Glass ran a red light at an intersection within the corporate limits of the City. The automated camera equipment at the intersection detected and photographed Glass's vehicle running the red light. As a result, the City issued Glass a civil citation. At the hearing, Glass did not dispute that his vehicle was photographed running the red light. Instead, Glass challenged the constitutionality of the Ordinance and the Act. The municipal court concluded that it lacked jurisdiction to decide Glass's constitutional claims, and it found Glass liable for the red-light violation. After review, the Alabama Supreme Court concluded Glass did not demonstrate the Ordinance and Act violated sections 89, 104, or 105 of the Alabama Constitution. Accordingly, the Court affirmed the trial court's judgment upholding the constitutionality of both. View "Glass v. City of Montgomery" on Justia Law

Yulanda Haddan appealed the grant of summary judgment entered in favor of Norfolk Southern Railway Company and Norfolk Southern Corporation (collectively referred to as "Norfolk Southern"). She also sought review of a circuit court order striking certain deposition testimony. Haddan was injured when a pickup truck in which she was riding collided with a Norfolk Southern train at a railroad crossing. In its summary judgment, the circuit court concluded that Haddan could not recover against Norfolk Southern because, it determined, the driver of the truck failed to stop, look, and listen before entering the crossing and that failure was the sole proximate cause of Haddan's injury. The Alabama Supreme Court affirmed the circuit court's order striking the testimony, but reversed summary judgment and remand the matter to the circuit court for further proceedings. "Haddan presented substantial evidence ... from which a reasonable person could conclude that Norfolk Southern contributed to cause the collision resulting in Haddan's injuries, calling into question whether Cox's contributory negligence rose to the level of a superseding, intervening cause and creating a jury question as to whether Cox's conduct was that of a concurrent tortfeasor. The evidence of Norfolk Southern's failure to install lights and a gate at the crossing further raises doubt as to whether Cox's failure to stop, look, and listen was truly unforeseeable. Haddan has raised enough of a factual issue to preclude the entry of a summary judgment in favor of Norfolk Southern. Ultimately, 'the jury must decide whose actions are the proximate cause of the injury, or whether both [parties'] actions concurred and combined to proximately cause the injury.'" View "Haddan v. Norfolk Southern Railway Co." on Justia Law

After sustaining injuries in a one-vehicle accident, Terry and Jane Pruitt filed a complaint against several defendants, including AAA Interstate Transportation, LLC ("AAA"), in the Walker Circuit Court. The court dismissed their claims against AAA for lack of personal jurisdiction, and it certified that dismissal as a final judgment under Rule 54(b), Ala. R. Civ. P. The Pruitts appealed. Because the circuit court did not have either general or specific personal jurisdiction over AAA, the Alabama Supreme Court affirmed. View "Pruitt v. AAA Interstate Transportation, LLC" on Justia Law

The issue this case presented for the Alabama Supreme Court's review was one of first impression. Yamil Alexsander Hare and Jose Sosa filed a state-court action to recover personal property that a Gulf Shores police officer seized without a warrant under state law and then transferred to two Baldwin County Sheriff's Office ("BCSO") deputies, acting in their capacity as federally deputized agents of the Drug Enforcement Administration ("the DEA"). The circuit court ruled that it lacked in rem jurisdiction based on the Court of Civil Appeals' caselaw. The Supreme Court held that, under 21 U.S.C. 881(c), exclusive federal jurisdiction attached when the deputized DEA agents took possession of the property and no state court had prior in rem jurisdiction. Accordingly, the Supreme Court affirmed the circuit court. View "Hare v. Mack" on Justia Law

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