Unlawful Detainer

Tracy Murray d/b/a Tracy’s Treasure Company, LLC v. Porter, [Ms. SC-2022-1008, June 16, 2023] __ So. 3d __ (Ala. 2023). The Court (Sellers, J.; Parker, C.J., and Wise, Stewart, and Cook, JJ., concur) vacates the Jefferson Circuit Court’s judgment for the premises in an unlawful detainer action. The Court raises sua sponte the circuit court’s subject matter jurisdiction to entertain an original action for unlawful detainer. § 6-6-330, Ala. Code 1975, provides “original jurisdiction over an unlawful-detainer action lies in the district court of the county in which the property is situated.” The Court holds “a circuit court may not exercise jurisdiction over an unlawful-detainer action until the district court has adjudicated the action and one of the parties has appealed to the circuit court.” Ms. *3, citing § 6-6-350, Ala. Code 1975.

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