Horton v. Colvin, No. CL-2025-0041, 2026 WL 1993591, __ So. 3d __ (Ala. Civ. App. July 10, 2026) (On Application for Rehearing). The court (Edwards, J.; Moore, P.J., and Hanson and Fridy, JJ., concur; Bowden, J., concurs in part and dissents in part) affirms in part, reverses in part, and remands the dismissal of Plaintiff's defamation, conversion, interference, and harassment claims. Id. at *12. The court holds that under the Rule 12(b)(6) "no set of facts" standard and the Rule 12(c) standard for judgment on the pleadings, a defamation claim survives dismissal where the complaint alleges a false and defamatory statement made with negligence or, for a public figure, with actual knowledge of falsity or reckless disregard for the truth. Id. at *6-7. Applying that standard, the court holds that Plaintiff's libel and slander claims, based on a social-media "meth house" post and a political-meeting statement linking him to a "prostitution ring," were sufficient to survive dismissal, since genuine issues of material fact remained despite the Defendant's truth, privilege, and public-figure defenses. Id. at *6-9. The court also holds that conversion is a tort limited to personal property and does not extend to a mere permissive right to use real property, such as the driveway easement at issue. The court further holds that Alabama does not recognize a standalone civil cause of action for harassment, with such conduct instead actionable, if at all, under assault or the tort of outrage. Id. at *9-12. Judge Bowden dissents in part, concluding Plaintiff stated he was not required to plead malice, thereby failing to carry his burden of presentation on the defamation claims. Id. at *12.
