Justia Alabama Supreme Court Opinion Summaries

Robert Segrest, Jr. appealed the dismissal of his petition to contest the validity of the will of Robert C. Segrest. In his will, Robert bequeathed to his wife, Patricia Segrest, a defeasible life estate in his real property. That bequest was defeasible because Robert provided that should Patricia leave the property for a period of more than 6 months the real property would pass to his son, John Paul Segrest. Robert also left certain personal property, but no real property, to his son, Robert, Jr. Robert died on November 24, 2018. On March 7, 2019, the probate court admitted Robert's will to probate and granted letters testamentary to Patricia, the personal representative. On April 26, 2019, Robert, Jr. filed his "Notice of Intent to file Will Contest." Robert, Jr., maintained that the will was invalid because, he said, at the time Robert executed the will Robert was the subject of "much undue influence" by Patricia and lacked testamentary capacity as a result of his failing health and strong medications. The dispositive question in this appeal was whether the circuit court obtained jurisdiction over the will contest. Robert, Jr., after Robert's will had been admitted to probate and letters testamentary had been issued but before a final settlement of the estate was reached, moved the circuit court for the removal of the administration of Robert's estate from the probate court to the circuit court, and he subsequently filed a petition to contest the will in the circuit court case addressing the administration of Robert's estate. The Alabama Supreme Court found no error in removal of the administration of the estate from the probate to the circuit court. Therefore, the pendency of Robert's estate in circuit court, in conjunction with the filing of the will contest in the case administering Robert's estate, invoked the circuit court's jurisdiction to determine the validity of Robert's will. The judgment of the circuit court was reversed, and this case was remanded for further proceedings. View "In re Estate of Segrest" on Justia Law

Dennis Borden, individually and as father and next friend of his son J.B. (minor), appealed the dismissal of his defamation, negligence, wantonness and wilfulness claims against Bobby Malone and Malone's counseling clinic, B.L. Malone and Associates, Inc. Borden and his then-wife, Kathy Smith, received marriage counseling from Malone at the clinic. Borden filed for divorce in 2010. The complaint here alleged that in the divorce proceedings Malone "served in the role of custody evaluator" and recommended to the court that Smith be given sole custody of J.B. Instead of following Malone's recommendation, the court awarded Borden and Smith joint custody. The divorce was finalized in 2012. In 2019, Smith petitioned for modification of custody, seeking sole custody of the child. Borden opposed the petition, alleging that "during the pendency of an adversarial custody dispute involving litigation," Malone began seeing J.B. for counseling at Smith's behest without Borden's consent. J.B. allegedly related to Malone in counseling sessions many deeply personal statements concerning the child's relationship with Borden. Borden's complaint alleged that Malone made numerous defamatory statements in a letter to Smith's custody attorney, that was eventually presented as evidence in the custody hearing (the letter was stricken from evidence because that court ruled the counselor-patient privilege applied). After review, the Alabama Supreme Court reversed the trial court's dismissal of defamation claims to the extent it precluded Borden from maintaining his claim that Malone and the clinic bore some culpability for the dissemination of the letter beyond those who had a direct or close relationship to the custody-modification proceeding. Furthermore, the trial court's dismissal of the count alleging negligence/wantonness/wilfulness was reversed to the extent that it precluded claims based on a breach of confidentiality on behalf of J.B., which were not foreclosed by the litigation privilege. The trial court's dismissal of the claims asserted in that count as to Borden was affirmed. View "Borden v. Malone" on Justia Law

In case 1190468, Lewis and Ellen Richardson, and in case 1190469, Sherry Phelps (collectively, "the landowners") appealed the grant of summary judgment in favor of Mobile County, Alabama in their respective actions against the County. The landowners asserted the County was responsible for flooding that damaged the landowners' personal property, allegedly decreased the value of their residential property, and made travel over the roads in their neighborhood unsafe and inconvenient. The trial court concluded the County owed no duty to remediate the flooding. To this, the Alabama Supreme Court agreed: the landowners did not demonstrate the County owed them a duty to prevent the flooding of their property. However, the Court concluded the County did owe a duty to keep its roads safe and convenient for travel, and the landowners could seek to enforce that duty. The Supreme Court therefore affirmed the trial court in part, reversed in part, and remanded for further proceedings. View "Richardson et al. v. County of Mobile" on Justia Law

Tomeka McElroy and Marlon McElroy (collectively, "the contestants") appealed a judgment entered in favor of Tracy McElroy, as the personal representative of the estate of Clifton McElroy, Jr. Clifton McElroy dies in 2010, leaving a will purportedly executed by him on October 15, 2008. On April 14, 2010, Tracy petitioned the probate court to admit the will to probate, averring that the will was self-proving in accordance with the requirements of section 43-8-132, Ala. Code 1975. On that same day, the probate court admitted the will to probate and issued letters testamentary to Tracy. On September 16, 2010, the contestants filed a will contest in the probate court challenging the validity of the will. They specifically alleged that Clifton's signature on the will was forged and that, therefore, the will was not properly executed. After discovery delays, multiple continuances, and a failed summary-judgment motion filed by the contestants, the circuit court conducted a three-day bench trial on the will contest. After hearing the evidence, the circuit court entered a judgment finding that, although the will did not meet the requirements of a self-proving will under section 43-8-132, it was properly executed and witnessed and was, therefore, valid under section 43-8- 131, Ala. Code 1975. The contestants appealed. The Alabama Supreme Court dismissed their appeal because the administration of the estate had not been properly removed from the probate court; thus, the circuit court never obtained subject-matter jurisdiction over the estate administration or the will contest. After the Supreme Court dismissed the contestants' appeal, the probate court ordered a new trial to determine the validity of the will. After considering the testimony, which, again, included testimony in the transcript from the circuit-court bench trial, the probate court entered a judgment declaring that the will was valid and ordering that it be admitted to probate. The contestants appealed again. Finding no reversible error, the Supreme Court determined the will was properly executed pursuant to section 43-8-131 and it was properly proved pursuant to 43-8-167. View "McElroy v. McElroy, as personal representative of the Estate of Clifton McElroy, Jr." on Justia Law

Kary Meadows was confined in a work-release program for eight months after his sentence ended. In 2009, Meadows pleaded guilty to theft, receiving stolen property, and possession of a controlled substance. He was sentenced to five years; that sentence was split and he was ordered to serve one year in the Walker County Community Work Release Program (operated by WCCC, a private company), followed by four years of supervised probation. In 2012, his probation was revoked, and he was placed under house arrest. In early May 2013, he was removed from house arrest for marijuana violations and placed back in the work-release program, where he was confined at night but released to work during the day. On the day Meadows was supposed to be released from custody, he asked to be released, but Shaver refused. Every day for the next eight months, Meadows asked to be released, insisting that his time had been served and asking to be shown his time sheet. Shaver and his subordinates refused to release Meadows and refused to provide him any document showing when he was supposed to be released or to provide him his prisoner-identification number so he could find his release date for himself. Meadows asserts that Shaver threatened to have him charged with felony escape and placed in a maximum-security facility for 15 years if he ever failed to return to the facility after work, so Meadows continued to spend every night in custody for 8 months. Meadows eventually retained an attorney and filed suit against Shaver and WCCC, asserting claims of of negligence and wantonness, negligence per se, false imprisonment, and money had and received (based on the fees and rent Meadows had paid to WCCC during the eight months he was improperly in custody). Shaver moved to dismiss, Shaver contended that he was not responsible for calculating the end-of-sentence date, nor was he capable of doing so. WCCC likewise moved for a summary judgment, incorporating by reference Shaver's arguments. The trial court ultimately entered judgment in favor of Shaver and WCCC. The Alabama Supreme Court affirmed dismissal: "This Court ordinarily cannot reverse a summary judgment on the basis of an argument that reasonably could have been, but was not, presented to the trial court before that court entered the summary judgment." Because Meadows' appellate arguments were not preserved for review, summary judgment was affirmed. View "Meadows v. Shaver et al." on Justia Law

Natasha Cunningham petitioned for, and was granted, certiorari review of the Court of Criminal Appeals' judgment holding that the offense of possession of a controlled substance was a lesser-included offense of the offense of distribution of a controlled substance. Cunningham's motion for judgment of acquittal as to the distribution-of-a-controlled-substance charge was granted because the evidence did not support that charge. Over Cunningham's objection, the circuit court instructed the jury on possession of a controlled substance as a lesser-included offense of distribution of a controlled substance. The jury returned a verdict finding Cunningham guilty of possession of a controlled substance. The Court of Criminal Appeals held that the circuit court properly instructed the jury on the offense of possession of a controlled substance as a lesser-included offense of distribution of a controlled substance. As part of its analysis, the Court of Criminal Appeals recognized that there could be circumstances in which a controlled substance could be distributed without a defendant being in actual or constructive possession of the substance. The court then reasoned that, because there was evidence indicting that Cunningham actually possessed a controlled substance, the jury was free to consider possession as a lesser-included offense of the charged offense of distribution. In reversing the appellate court's judgment, the Alabama Supreme Court found the indictment charging Cunningham with distribution did not include the statutory element of possession, nor did it allege any facts essential to the offense of possession of a controlled substance. Thus, under the facts of this case, because the indictment enumerated only the statutory language for the offense of distribution of a controlled substance, Cunningham was not given sufficient notice that she would have to defend against the offense of possession of a controlled substance. "We look to the indictment and must strictly construe it. To do otherwise would treat the proceedings in this case as if the terms of the indictment were so flexible as to imply a factual allegation that Cunningham was in possession of a controlled substance. To reach such a determination would require us to disregard the law." View "Ex parte Natasha Cunningham." on Justia Law

Attorney W. Perry Hall petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to vacate its order entered on August 15, 2019 requiring Hall, among other things, to issue a letter of apology to his clients. Hall represented a homeowners association and multiple individual homeowners in a Mobile subdivision in a lawsuit against the developer of that subdivision. After Hall moved to dismiss certain counterclaims asserted against those homeowners, the circuit court entered an order demanding that Hall "provide a copy of this order and a copy of Ala. R. Civ. P. Rule 19, as well as a copy of [the motion to dismiss] to [his homeowner clients], along with a letter explaining how Rule 19 works, apologizing for the invectives and sheer puffery used in this frankly scandalous pleading." The circuit court entered the order because it "dislike[d]" Hall's use of the phrase "forced Plaintiff's [sic]" to describe the plaintiffs, as well as other terms used in the motion to dismiss. The circuit court provided no other basis for the directives in its order. Hall filed this petition for a writ of mandamus contending he circuit court had exceeded its discretion by entering the order. The Alabama Supreme Court did not address that issue because, six days later, the circuit court vacated the order after the individual homeowners were dismissed from the action by joint stipulation. View "Ex parte W. Perry Hall." on Justia Law

The Alabama Supreme Court granted certiorari review to Lance LeFleur, in his official capacity as director ("the director") of the Alabama Department of Environmental Management ("ADEM"), seeking review of the Court of Civil Appeals' decision in Smith v. LeFleur, [Ms. 2180375, October 11, 2019] ___ So. 3d ___ (Ala. Civ. App. 2019), in which the Court of Civil Appeals held that ADEM did not have the authority to amend Ala. Admin. Code (ADEM), Rule 335-13-4-.15, Rule 335-13-4-.22, or Rule 335- 13-4-.23 to permit the use of alternative-cover materials at landfills ("the alternative-cover-materials rules"). Appellants Ronald Smith, Latonya Gipson, and William Gipson all resided near the Stone's Throw Landfill and Arrowhead Landfills located in Tallapoosa County. Since appellants lived in their respective homes, ADEM permitted the operators of the Stone's Throw Landfill to use at least one material other than earth to cover solid waste deposited in the landfill. In their lawsuit, appellants sought a declaration that ADEM impermissibly adopted the Ala. Admin. Code (ADEM), allowing landfill operators to use alternative materials to cover solid waste in violation of the Solid Wastes and Recyclable Materials Management Act ('the SWRMMA'), Ala. Code 1975, sections 22-27-1 et seq., which, they argued, authorized the use of only earth to cover solid waste. The Court of Civil Appeals found appellants had standing to contest the alternative-cover-materials rules, and that ADEM exceeded its statutory authority. The Supreme Court concluded appellants did not present substantial evidence to establish standings. The trial court therefore properly granted the directors' motion for summary judgment, and properly denied appellants' motion for summary judgment. The Court reversed the Court of Civil Appeals which held to the contrary. View "Ex parte Alabama Department of Environmental Management." on Justia Law

Alfa Mutual Insurance Company intervened in a lawsuit brought by its insured, Danielene Myricks, against Kelisha Saulsberry, an uninsured motorist. Two weeks before trial, Alfa moved to opt out of the lawsuit. The circuit court issued an order granting that motion, but it later vacated the order and required Alfa to continue participating in the case as a named defendant. Alfa appealed, asking the Alabama Supreme Court to direct the circuit court to allow it to opt out. Finding that Alfa did not establish a clear legal right to intervene then opt out before trial, the Supreme Court denied Alfa's petition for mandamus relief. View "Ex parte Alfa Mutual Insurance Company." on Justia Law

Ryan Magers appealed the dismissal of his wrongful-death claim against Alabama Women's Center Reproductive Alternatives, LLC ("the AWC"), for its role in the abortion of Baby Roe. In 2017, Baby Roe was aborted at approximately six weeks of gestation after the AWC provided Baby Roe's mother with an abortifacient pill to end her pregnancy. Magers, Baby Roe's father, then petitioned the Probate Court to be appointed personal representative of Baby Roe's estate. Magers' argument consisted of one conclusory statement followed by a string citation. The brief did not discuss how the cited authority was relevant to his argment. Because Mager's brief failed to conform to Rule 28, Ala. R. App. P., the Alabama Supreme Court determined it had nothing to review on appeal and affirmed dismissal. View "Magers v. Alabama Women's Center Reproductive Alternatives, LLC" on Justia Law