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SUBJECT MATTER JURISDICTION & EVICTION/UNLAWFUL-DETAINER - THE RIMPSEY AGENCY, INC. V. JOHNSTON

The Rimpsey Agency, Inc. v. Johnston, [Ms. 2150461, Sept. 2, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals dismisses an appeal from a judgment entered by the Calhoun Circuit Court in an eviction/unlawful detainer action upon concluding the circuit court never obtained original subject-matter jurisdiction to adjudicate the dispute since original jurisdiction over unlawful-detainer actions lies in the district courts per § 6-6-330, Ala. Code 1975. Following Darby v. Schley, 8 So. 3d 1011 (Ala. Civ. App. 2008), the court found that the circuit court lacked jurisdiction:

Because [the unlawful-detainer] action was not within the exclusive jurisdiction of the circuit court and because there had been no adjudication of the unlawful-detainer action and no appeal from such an adjudication had been taken to the circuit court, the district court's unauthorized transfer of the action to the circuit court did not transfer jurisdiction over that action to the circuit court. Like in Darby, because the circuit court lacked jurisdiction over [the] unlawful-detainer action, the circuit court's judgment purporting to grant the summary-judgment motion ... is void and will not support an appeal.

Ms. *10.

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