Lima One Capital, LLC v. City of Birmingham, SC-2026-0199, 2026 WL 2451153 (Ala. Aug. 21, 2026). The Court (Cook, J.; Stewart, C.J., and Wise, Sellers, and Parker, JJ., concur) reverses and remands, holding the Jefferson Circuit Court exceeded its authority by applying the standard for a preliminary injunction while granting the City the ultimate, permanent relief it sought—complete demolition of the property and assessment of the demolition costs against Lima One. Id. at *3–5. The Court explains when an injunction provides the plaintiff with the ultimate relief sought, it constitutes a permanent injunction, and Ala. R. Civ. P. 65(a)(2) requires notice before a preliminary-injunction hearing may be advanced and consolidated with a trial on the merits. Id. at *3-4; see JT Constr., LLC v. MW Indus. Servs., Inc., 344 So. 3d 353 (Ala. 2021). Because Lima One received no notice that it needed to prepare for a trial on the merits, the circuit court could not treat the preliminary proceedings as final and award permanent relief under the preliminary-injunction standard. The Court therefore reverses the circuit court’s order and remands for further proceedings. Id. at *4-5.
