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Sep 15, 2017

Voluntary Dismissal – Rule 41(a)(1), Ala. R. Civ. P. – Defendants’ Standing to Set Aside Voluntary Dismissal - Walker Brothers v. City of Mobile

Walker Brothers v. City of Mobile, [Ms. 1160203, Sept. 15, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  This decision by Justice Bryan, (Stuart, C.J., and Bolin, Parker, Shaw, Wise, and Sellers, JJ., concur; Murdock and Main, JJ., dissent), dismisses an appeal by Walker Brothers against the City of Mobile.  The City sued Walker Brothers seeking injunctive relief to address the alleged failure of Walker Brothers to maintain a building in a historic district.  Walker Brothers counterclaimed asserting that the City had subjected it to unequal treatment in violation of Walker Brothers’ constitutional and statutory rights.

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Sep 15, 2017

Underinsured Motorists Benefits – Bankruptcy of At-Fault Driver - Easterling v. Progressive Insurance Company

Easterling v. Progressive Insurance Company, [Ms. 1150833, Sept. 15, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Shaw, (Stuart, C.J., and Bolin, Parker, Murdock, Main, and Bryan, JJ., concur; Sellers, J., dissents), the Court reverses a summary judgment in favor of Progressive on a claim seeking UIM benefits.  Following a 2014 automobile accident, Hershel  Easterling (“Hershel”) sued McCartney and his own UIM carrier, Progressive, for personal injuries sustained in an automobile crash.  McCartney subsequently filed a suggestion of bankruptcy in the circuit court. Read More

Sep 8, 2017

Omitted Spouse – § 43-8-90, Ala. Code 1975 – Intestate Share – Joint Bank Accounts - Ivey v. Ivey

Ivey v. Ivey, [Ms. 1160280, Sept. 8, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Bryan, (Stuart, C.J., and Bolin and Main, JJ., concur; Murdock, J., concurs in the result), the Court reverses the circuit court’s order denying a widow’s claim for an intestate share of her deceased husband’s estate pursuant to the omitted-spouse statute – § 43-8-90.

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Sep 8, 2017

AMLA – Discovery of Insurance Limits – Psychotherapist-Patient Privilege – § 22-21-8, Ala. Code 1975 Incident Reports - Ex parte Altapointe Health Systems, Inc.

Ex parte Altapointe Health Systems, Inc., [Ms. 1160544, Sept. 8, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In a decision by Justice Main, (Bolin, Parker, and Wise, JJ., concur; Bryan, J., concurs in the result; Shaw and Sellers, JJ., concur in part and dissent in part; Murdock, J., concurs in part, concurs in the result in part, and dissents in part, and Stuart, C.J., recuses herself), the Court grants in part and denies in part a petition for writ of mandamus involving several discovery disputes.

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Sep 8, 2017

Statute of Limitations – Medical Negligence – Indemnity – § 6-5-482 - McNamara v. Benchmark Insurance Company

McNamara v. Benchmark Insurance Company, [Ms. 1151314, Sept. 8, 2017] __ So. 3d __ (Ala. 2017).  In this plurality decision by Justice Sellers, (Stuart, C.J., and Main and Wise, JJ., concur; Bolin, Parker, Shaw, and Bryan, JJ., concur in the result; and Murdock, J., dissents), the Court reverses a summary judgment for Benchmark on an indemnity claim against McNamara, a pharmacist.  Benchmark defended and subsequently settled a negligence action against McNamara’s employer.  McNamara, a pharmacist, was not named by the plaintiff as a defendant in the underlying medical negligence action.

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Sep 1, 2017

Arbitrator’s Authority to Determine Arbitrability – Waiver of and Right to Arbitrate - Managed Health Care Administration, Inc. v. Blue Cross Blue Shield

Managed Health Care Administration, Inc. v. Blue Cross Blue Shield, [Ms. 1151099, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this dispute between Blue Cross and certain of its contractual partners, the Court in a per curiam opinion, (Stuart, C.J., and Bolin, Shaw, Main, and Bryan, JJ., concur; Parker and Murdock, JJ. dissent; and Wise and Sellers, JJ., recuse) the Court reverses the circuit court’s order denying Managed Health Care Administration, Inc.’s (“MHCA”) motion to compel Blue Cross to arbitrate certain contractual disputes. Read More

Sep 1, 2017

Forum Non Conveniens – Uninsured Motorist Claim – Admissibility Requirements for Materials Submitted In Opposition to FNC Motion - Ex parte Alfa Mutual Ins. Co.

Ex parte Alfa Mutual Ins. Co., [Ms. 1160536, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Wise, (Stuart, C.J., and Bolin, Parker, Shaw, Main, Bryan and Sellers, JJ. concur; Murdock dissents) the Court grants a petition for writ of mandamus and directs the Pickens Circuit Court to transfer an action seeking uninsured motorist benefits against Alfa to Tuscaloosa Circuit Court.  Read More

Sep 1, 2017

Restrictive Covenants – Enforcement – Construction - Ex parte Phillip Odom

Ex parte Phillip Odom, [Ms. 1160620, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Main, (Stuart, C.J., and Bolin, Parker, Shaw, Wise, Bryan and Sellers, JJ. concur, Murdock concurs in the result) on certiorari review, the Court reverses the Court of Civil Appeals decision reversing a summary judgment entered by the circuit court holding that a homeowner’s construction of a garage violated subdivision restrictive covenants.  Read More

Sep 1, 2017

Rule 5 Permissive Appeal – Removal of Safety Guard – 25-5-11(c)(2), Ala. Code 1975 - Saarinen v. Hall

Saarinen v. Hall, [Ms. 1160066, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Sellers, (Stuart, C.J., and Parker, Shaw, Main, and Wise, JJ. concur, and Bolin and Bryan, JJ., concur in the result) the Court grants defendant co-employees permission to appeal pursuant to Rule 5 of the Appellate Rules and answers in the negative the following controlling question of law certified by the trial court: Read More

Sep 1, 2017

Forum Non Conveniens – Motor Vehicle Crash - Ex parte Midsouth Paving, Inc.

Ex parte Midsouth Paving, Inc., [Ms. 1160504, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Parker, (Stuart, C.J., and Bolin, Shaw, Wise, and Bryan, JJ., concur, and Main and Sellers, JJ., concur in the result) the Court issues a petition for writ of mandamus finding that the circuit court of Hale County exceeded its discretion in refusing to transfer venue of this motor vehicle crash litigation to Tuscaloosa County where the crash occurred.  Read More

Sep 1, 2017

Mandamus – § 34-24-60, Ala. Code 1975 – Alabama Board of Medical Examiners – Privilege From Discovery - Ex parte Hunte

Ex parte Hunte, [Ms. 1160164, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this unanimous decision by Justice Main, (Stuart, C.J., and Bolin, Parker, Murdock, Shaw, Wise, Bryan, and Sellers, JJ., concur) the Court issues a writ of mandamus vacating an order of the circuit court compelling production of a complaint made to the Alabama Board of Medical Examiners by a former patient of Dr. Hunte in a medical malpractice action. Read More

Sep 1, 2017

Class Action – Dismissal of Class Allegations at Pleading Stage – Sufficiency of Class Definition - Hall v. Environmental Litigation Group, P.C.

Hall v. Environmental Litigation Group, P.C., [Ms. 1151077, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In a unanimous decision by Justice Shaw, (Stuart, C.J., Bolin, Parker, Main, Wise, Bryan, and Sellers, JJ., concur) the Court reverses the circuit court’s “denial” of the plaintiff’s class allegations.  The Court first considered the applicable standard of review. Read More

Sep 1, 2017

Mandamus – Scope of Discovery – Business Dispute – Personal Financial Records – Income Tax Records - Ex parte Action Auto Sales, Inc.

Ex parte Action Auto Sales, Inc., [Ms. 1160598, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this unanimous decision by Justice Sellers, (Stuart, C.J., Bolin, Parker, Shaw, Main, Wise, and Bryan, JJ., concur) the Court issues a writ of mandamus directing the circuit court to vacate an order requiring production of Vivian Paul’s personal financial records. Read More

Sep 1, 2017

Mortgage Foreclosure – Strict Compliance with Notice Requirements - Ex parte Trenton Turner

Ex parte Trenton Turner, [Ms. 1160212, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In this decision by Justice Parker, (Stuart, C.J., and Bolin, Shaw, Main, Wise, and Bryan, JJ., concur, Murdock, J., concurs in the result and Sellers, J., dissents) the Court on certiorari review reverses the decision of the Court of Civil Appeals affirming the circuit court’s judgment in favor of Wells Fargo Bank in an ejectment action.

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Sep 1, 2017

State-Agent Immunity – Actions of Municipal Police Officers – § 6-5-338(a) - Ex parte City of Selma

Ex parte City of Selma, [Ms. 1160469, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In a decision by Justice Wise, (Stuart, C.J., and Bolin, Parker, Shaw, Main, Bryan, and Sellers, JJ., concur, and Murdock, J., concurs in the result), the Court grants the City of Selma’s petition for writ of mandamus dismissing an action against it on the grounds of state-agent immunity.  Read More

Sep 1, 2017

§ 6-3-21.1 – Forum Non Conveniens Interest of Justice - National Trust Insurance Company v. Dow Corning

National Trust Insurance Company v. Dow Corning, [Ms. 1160028, Sept. 1, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In this decision by Justice Sellers (Stuart, C.J., and Bolin, Parker, Main, and Wise, JJ., concur, Murdock, Shaw, and Bryan, JJ. concur in the result), the Court denies a petition for writ of mandamus sought by defendants in a declaratory judgment action concerning whether Dow Corning Alabama, Inc. and its insurers were entitled to indemnification from Alabama Electric Company, Inc. of Dothan.
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Sep 1, 2017

Restraint of Federal Court Proceedings by State Court – Breach of Settlement Agreement - Ex parte Robert Przybysz

Ex parte Robert Przybysz, [Ms. 1160381, Sept. 1, 2017] __ So. 3d __ (Ala. 2017).  In a decision by Justice Parker, (Stuart, C.J., and Bolin, Shaw, Main, Wise, Bryan, and Sellers, JJ., concur, and Murdock, J., concurs in the result), the Court issues a writ of mandamus vacating a portion of an order of the Jefferson Circuit Court which required petitioners to dismiss an action they had filed in the United States District Court for the Northern District of Alabama. Read More

Aug 25, 2017

Mandamus – Child’s Psychotherapist-Patient Privilege – Ripeness - Ex parte Cherry Grace Sims

Ex parte Cherry Grace Sims, [Ms. 2160753, Aug. 25, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In this unanimous decision by Presiding Judge Thompson, (Pittman, Thomas, Moore, and Donaldson, JJ., concur), the court denies the petition for writ of mandamus sought by the mother and the children’s guardian ad litem in a child custody proceeding.  The mother had sought appointment of a guardian ad litem for the purpose of determining whether the children could or should waive their psychotherapist-patient privilege. Read More

Aug 25, 2017

Voluntary Overpayment of Child Support - Wicker v. Hallman

Wicker v. Hallman, [Ms. 2160229, Aug. 25, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In a decision by Presiding Judge Thompson, (Pittman, Thomas, and Donaldson, JJ., concur, and Moore, J., concurs in the result), the court affirms the circuit court’s denial of the father’s motion to modify his child support obligation. Read More

Aug 25, 2017

Illegality of Contract – Judicial Notice – Municipal Ordinances – Opinion Testimony on the Law – Illegality Argument Raised For First Time on Appeal - Jackson v. Brewer

Jackson v. Brewer, [Ms. 2160099, Aug. 25, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In a unanimous decision by Judge Moore, (Thompson, P.J., Pittman, Thomas, and Donaldson, JJ., concur), the court affirms the trial court’s judgment on a jury verdict in favor of seller for breach of a contract to purchase real property.  Pursuant to the contract, the property was to be subdivided with the seller retaining a portion of the property and the buyer purchasing a portion.

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Aug 25, 2017

Motor Vehicle Accident – Alabama Department of Corrections – Absolute Immunity - Ex parte Alabama Department of Corrections

Ex parte Alabama Department of Corrections, [Ms. 1160413, Aug. 25, 2017] __ So. 3d __ (Ala. 2017).  In a unanimous decision by Justice Sellers, (Stuart, C.J., and Bolin, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur), the Court issues a writ of mandamus directing the circuit court to dismiss an action against the Alabama Department of Corrections (ADOC) based on sovereign immunity. Read More

Aug 18, 2017

Alabama Criminal Justice Information Center (ACJIC) – 41-9-645 – Failure to Exhaust Administrative Remedies – Appellate Procedure - Stowe v. Alabama Board of Pardons and Paroles

Stowe v. Alabama Board of Pardons and Paroles, [Ms. 2160313, Aug. 18, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In this unanimous decision by Judge Donaldson (Thomson, P.J., and Pittman, Thomas, and Moore, JJ., concur), the court affirms the circuit court’s dismissal for lack of subject matter jurisdiction of this action seeking to purge alleged inaccurate information from the plaintiff’s pre-sentence investigation report included within the record of his conviction and relied upon by the Board of Pardons and Paroles and Department of Corrections for classification purposes.
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Aug 18, 2017

Child Born Out of Wedlock – Name Change – Due Process – Second Motion to Vacate - C.M. Ca. v. J.L. Cr.

C.M. Ca. v. J.L. Cr., [Ms. 2160212, Aug. 18, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In this plurality decision by Judge Moore (Thomas, J. concurs, Donaldson, J. concurs specially, and Thompson, P.J. and Pittman, J., dissenting), the court reverses the circuit court’s granting of the father’s petition to change the name of a minor child born out of wedlock.  The circuit court had granted the name change after considering briefs by the parties but did not afford the parties an opportunity to present oral argument or evidence, although the mother filed a motion for same. Read More

Aug 11, 2017

Preservation of Error – Waiver – Affirmative Defense – Workers’ Compensation - Grieser v. Advanced Disposal Services of Alabama, LLC

Grieser v. Advanced Disposal Services of Alabama, LLC, [Ms. 2160290, Aug. 11, 2017] __ So. 3d __ (Ala. Civ. App. 2017).  In this unanimous decision by Judge Moore (Thompson, P.J. and Pittman, Thomas, and Donaldson, JJ., concur), the court affirms in part and reverses in part the trial court’s judgment in a workers’ compensation case.

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Aug 11, 2017

Arbitration – Vehicle Fire – Non-Signatory Vehicle Manufacturer - Nissan North America v. Scott

Nissan North America v. Scott, [Ms. 1160656, Aug. 11, 2017] __ So. 3d __ (Ala. 2017).  This unanimous decision by Justice Sellers (Stuart, C.J., and Parker, Shaw, and Wise, JJ., concur) reverses the trial court’s order requiring Nissan to arbitrate claims arising from a vehicle fire.
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