Justia Alabama Supreme Court Opinion Summaries

Plaintiff Tim Seriana sought mandamus relief to order the circuit court reverse its grant of a motion for change of venue filed by Joe Stevens, LLC. In 2015, Seriana and his wife, Karen, sued Joe Todd Stevens (and his LLC) and various fictitiously named defendants, alleging Stevens was a contractor who did business in northeast Alabama who negligently failed to barricade, cordon off, or otherwise warn pedestrians of a big ditch then excavated by Stephens. Seriana fell into the ditch, and sustained an injury. In his petition, Seriana argued the trial court erroneously transferred this case to Talladega County because, he contended, Stevens waived any objection it might have had to venue in Calhoun County when it answered the amended complaint without raising the defense of improper venue. The Alabama Supreme Court agreed, granted the writ of mandamus, and directed the trial court to vacate its motion for change of venue and transfer this case to Talladega County. View "Ex parte Tim Seriana." on Justia Law

Respondents, Sharron Stevens and Tim Stevens, sued petitioners, Leon Wilson, in his official capacity as the former president of Alabama State University, and Quinton Ross, in his official capacity as the current president of Alabama State University. Petitioners filed a motion to dismiss the claims against them on the basis that they were immune from suit. The trial court denied the motion to dismiss, and petitioners filed a petition for a writ of mandamus requesting the Alabama Supreme Court direct the trial court to enter an order dismissing the claims asserted against them. The underlying lawsuit arose when a Sharon Steves tripped and fell at an exit at the Acadome shortly after their daughter's graduation ceremony. The Alabama Supreme Court determined there was no possibility the Stevenses could possibly prevail on their claims against petitioners: the Stevenses sued the petitioners solely in their official capacities and sought only monetary damages from petitioners.. Thus, petitioners were immune from suit and entitled to a dismissal of the claims against them. View "Ex parte Leon C. Wilson, in his official capacity as the former President of Alabama State University, and Quinton Ross, in his official capacity as the current President of Alabama State University." on Justia Law

Plaintiffs Alvin and Diane Bhones sought a writ of mandamus to direct the circuit court to vacate its order setting aside a default judgment entered in their favor against Travis Peete and Beech Brook Companies, LLC. In 2015, the Bhoneses sued Beech Brook and Peete, the sole member of Beech Brook, based on their allegedly defective construction of the Bhoneses' new home. The complaint stated claims of breach of contract, breach of warranty, fraud, fraudulent misrepresentation, and negligence. The complaint was served on defendants on February 19, 2015, but they did not file an answer. On March 13, 2018, the Bhoneses moved for a default judgment. On March 21, 2018, the trial court entered a default judgment in favor of the Bhoneses. The Alabama Supreme Court found that because defendants did not present evidence to support their allegations that they had a meritorious defense and that the Bhoneses would not be unduly prejudiced if the default judgment was set aside, defendants failed to satisfy their initial burden of alleging and demonstrating the existence of all the Kirtland v. Fort Morgan Authority Sewer Service, Inc., 524 So. 2d 600 (Ala. 1988) factors. Therefore, defendants were not entitled to have the default judgment set aside and that the trial court exceeded its discretion in setting aside the default judgment. View "Ex parte Alvin Bhones and Diane Bhones." on Justia Law

International Paper Company and three of its employees (collectively, "IPC") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Wilcox Circuit Court to vacate its order denying IPC's motion to dismiss the underlying third-party action against it without prejudice based on improper venue. In 2015, Caterpillar Financial Services Corporation ("Caterpillar") entered into various loan and guaranty agreements with JRD Contracting, Inc. ("JRD") for the purchase of certain equipment. That equipment was to serve as collateral for the loans between Caterpillar and JRD. According to Caterpillar, JRD failed to pay the amounts due under the loan agreements, and, in September 2015 and again in December 2015, Caterpillar notified JRD of its intention to accelerate the loans and to make demand for the return of the equipment. In the summer of 2016, a JRD subsidiary, JRD Land Contracting and Land Clearing, Inc. ("JRD C&L"), signed an agreement with International Paper in which JRD C&L agreed to dispose of International Paper's waste at its Pine Hill Mill for a period of five years. In 2016, Caterpillar sued JRD at the Wilcox Circuit Court alleging a claim of detinue and seeking damages for breach of contract and breach of the guarantees. After performing work for International Paper under a waste-services agreement for eight months, JRD C&L received written notice of International Paper's intent to terminate the waste-services agreement. The equipment Caterpillar sought was used for the JRD C&L contract; in the pending Wilcox Circuit Court action, JRD filed a third-party complaint against IPC and fictitiously named defendants seeking a declaration and damages for breach of contract, promissory estoppel, fraud, work and labor done, and indemnity. When International Paper terminated that agreement, JRD alleged, it could no longer afford to pay the loans from their lenders, including Caterpillar, although they had already defaulted on some of those loans. IPC moved to dismiss the third-party complaint based on improper venue. According to IPC, the waste-services agreement contained an outbound forum-selection clause that provided that the courts of Tennessee would have jurisdiction over any disputes arising out of or relating to that agreement. IPC also challenged whether JRD or Dailey had a right to bring the third-party action because, it argued, the third-party action had nothing to do with the transactions underlying Caterpillar's lawsuit. IPC argued that, generally, outbound forum-selection clauses were enforceable in Alabama and that the third-party plaintiffs did not establish that the enforcement of the clause would be unfair or unreasonable. According to IPC, because the third-party plaintiffs failed to meet their burden, the outbound forum-selection clause should have been enforced. The Alabama Supreme Court agreed with IPC and issued the writ. View "Ex parte International Paper Company." on Justia Law

SE Property Holdings, LLC ("SEPH") appealed the grant of summary judgment entered in favor of Bank of Franklin ("BOF") on BOF's claim demanding specific performance of a contractual provision. In March 2005, Vision Bank, a Florida company, loaned Bama Bayou, LLC, formally known as Riverwalk, LLC ("the borrower"), $6,000,000. Multiple individuals allegedly personally guaranteed repayment of the loan ("the guarantors"). In June 2008, pursuant to a "participation agreement," Vision Bank conveyed to BOF a 25 percent interest in the loan. Vision Bank conveyed additional participation interests in the loan to other banks. The borrower and the guarantors allegedly defaulted on their obligations with respect to the loan, and in January 2009 Vision Bank filed suit against them. The borrower and the guarantors asserted counterclaims against Vision Bank and brought BOF into the action as an additional counterclaim defendant. In April 2009, Vision Bank foreclosed on a mortgage securing the loan. Vision Bank was the highest bidder at the foreclosure sale and thereafter executed foreclosure deeds in favor of BOF and the other participating banks. In 2012, Vision Bank sold its operating assets to Centennial Bank and relinquished its Florida bank charter. Vision Bank and SEPH entered into an "agreement and plan of merger," whereby Vision Bank merged "with and into" SEPH. In October 2016, the trial court entered an order setting aside the foreclosure sale and declaring the foreclosure deeds void. Among other things, BOF asserted in its cross-claim that SEPH had an obligation to repurchase BOF's participation interest in the loan. In support, BOF pointed to the participation agreement between BOF and SEPH's predecessor, Vision Bank. The court granted BOF's motion for summary judgment on its claim for specific performance based on the participation agreement. SEPH argued on appeal that the trial court erred in determining that a "proceeding" involving Vision Bank's termination of existence was "commenced," so as to invoke the contractual provision; it asserted Vision Bank's voluntary merger with SEPH was not a "proceeding." The participation agreement in this case stated that BOF's participation interest was conveyed without recourse, but the contract provision provided BOF at least some security in the form of a right to force the repurchase of its participation interest in the event of the financial deterioration of the originating bank, i.e., Vision Bank. The Alabama Supreme Court concluded the voluntary merger like the one entered into by Vision Bank and SEPH is not a "proceeding" as that term is used in the participation agreement, and reversed the trial court's judgment ordering SEPH to purchase BOF's participation interest. View "SE Property Holdings, LLC, f/k/a Vision Bank v. Bank of Franklin" on Justia Law

Hinkle Metals & Supply Company, Inc. ("Hinkle") was in the business of selling heating, ventilation, and air-conditioning supplies and equipment. Gabriel Butterfield was employed as a branch manager at Hinkle's Pelham office. In 2015, a GMC Sierra pickup truck owned and driven by Butterfield struck Diane Feltman as she was attempting to walk cross 20th Street in downtown Birmingham. As a result of that accident, Feltman sustained multiple injuries. Feltman sued Butterfield and Hinkle, alleging that Butterfield, while acting within the line and scope of his employment with Hinkle, had been negligent and wanton in causing the accident and that Hinkle was vicariously liable based on a theory of respondeat superior. Hinkle moved for summary judgment on all claims against it, arguing it was not vicariously liable for Butterfield's alleged actions because, it said, Butterfield was not acting within the line and scope of his employment with Hinkle at the time of the accident. The motion was denied, trial proceeded, and judgment was entered against Hinkle on vicarious liability. Hinkle's motion for judgment as a matter of law was denied, and a verdict was returned for $375,000 in favor of Butterfield. Finding that the trial court did not err in denying Hinkle's motion for judgment as a matter of law, the Alabama Supreme Court affirmed judgment in Butterfield's favor. View "Hinkle Metals & Supply Company, Inc. v. Feltman" on Justia Law

Clifford Wright ("Wright"), the administrator of the estate of Mary Evelyn Wright ("Mary") appealed a summary judgment entered in favor of Dawn Reid, Phyllis Harris, and Tuwanda Worrills (collectively referred to as "the nurses"), who, during all relevant times, were employed by the Cleburne County Hospital Board, Inc., d/b/a Cleburne County Nursing Home ("the Hospital Board"). Mary complained she suffered injuries from a fall while a resident of a nursing home operated by the Hospital Board. Mary allegedly died from her injuries the day after her complaint was filed. Wright was appointed the administrator of Mary's estate and was substituted as the plaintiff. As amended, Wright's complaint asserted claims against the nurses, the Hospital Board, and various fictitiously named parties under the Alabama Medical Liability Act. Wright's claim against the Hospital Board included 13 separate allegations of negligence. Wright's claims against each of the nurses included 13 separate allegations of negligence. Additionally, Wright alleged that the Hospital Board was vicariously liable for the actions of its agents, specifically, the actions of the nurses. The Alabama Supreme Court concluded the trial court exceeded its discretion in certifying the summary judgment in favor of the nurses as a final judgment pursuant to Rule 54(b). Accordingly, the trial court's Rule 54(b) certification was invalid; this appeal was from a nonfinal judgment; and the Supreme Court dismissed the appeal. View "Wright v. Harris, et al." on Justia Law

The Alabama Surface Mining Commission ("the Commission") and Black Warrior Minerals, Inc. ("Black Warrior"), separately petitioned the Alabama Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to dismiss the underlying action seeking judicial review of the Commission's issuance of a surface-coal-mining permit to Black Warrior, or, in the alternative, to transfer the action to the Walker Circuit Court. The underlying action was filed by respondents, John Crane, Dan Jett, and Linda Jett ("the property owners"), who owned property near the location that was the subject of the permit. The Supreme Court found that when originally enacted, the Alabama Surface Mining Act did not include a venue provision. Alabama law was amended to specify that the proper venue for judicial review of a final Commission decision was "in the circuit court of the county in which the commission maintains its principal office." Under the plain language of the applicable statute, the only proper venue for the property owners' action was the Walker County circuit court. The property owners contended that, at the time they commenced their appeal with the Jefferson Circuit Court, the 2015 amendment to the applicable statute was not effective and the earlier version applied. Finding that the 2015 statute was properly enacted, the Supreme Court held "the effective date for such a change in state law should be the date determined by the Alabama Legislature, not the date of approval by the [Office of Surface Mining Reclamation and Enforcement]," thus the Commission and Black Warrior demonstrated a clear legal right to have their underlying action transferred to the Walker Circuit Court. View "Ex parte Alabama Surface Mining Commission." on Justia Law

Aaron Smith, an officer employed by the City of Montgomery Police Department, petitions the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate its order denying Smith immunity pursuant to 13A–3–23(d), Ala. Code 1975, and to enter an order granting Smith immunity under that statute. In the alternative, Smith asked for mandamus relief directing the Montgomery County Circuit Judge enter an order recusing himself from the case. Smith requested a change of venue based on pretrial publicity. The Supreme Court surmised the issue of Smith's credibility would arise at trial because he appeared to be the only witness to the incident underlying these proceedings, and he might be called to testify at trial in support of a defense of self- defense. "The risk of prejudice under these circumstances is evident where the trial judge has already stated that he does not find Smith to be credible and that statement has been widely reported in the local community from which the jury pool would be drawn. Judge Griffin's comments were made and reported approximately six moths ago, in late July 2018. There is no dispute that this case has generated much attention in Montgomery County, and it seems likely to generate continued attention moving forward. It is reasonable to assume that Judge Griffin's comments regarding Smith's credibility will continue to be dispersed in the local media." Therefore, the Supreme Court concluded Smith could not have his case decided by a fair and impartial jury in Montgomery County. Because Smith demonstrated a clear legal right to the relief sought, the Supreme Court granted his petition as to the change-of-venue and recusal issues and directed that this case be transferred to another venue. The Court denied relief as to all other issues raised. View "Ex parte Aaron Cody Smith." on Justia Law

Mercedes-Benz U.S. International, Inc. ("MBUSI"), petitioned the Alabama Supreme Court for mandamus relief, ordering the circuit court to vacate an order denying change of venue from Jefferson County to Tuscaloosa. Gregory Nix was a resident of Jefferson County; he was employed as an assembly worker at MBUSI's manufacturing facility in Tuscaloosa County until June 23, 2017. Nix alleges that, during his employment with MBUSI, he suffered on-the-job injuries the cumulative effect of which have left him permanently and totally disabled. The Supreme Court determined there was not sufficient evidence before the trial court to support a conclusion that venue in Jefferson County was proper in this case. "The regular purchasing of parts or materials from a supplier located in a certain county, by itself, does not constitute '[doing] business by agent' in that county under section 6-3-7(a)(3), Ala. Code 1975." The Court therefore issued the writ granting mandamus relief. View "Ex parte Mercedes-Benz U.S. International, Inc." on Justia Law