SMITH, Justice. Samuel G. McKerall appeals from a summary judgment entered in favor of Dennis Kaiser in Kaiser's action seeking recovery on a promissory note guaranteed by McKerall. We reverse and remand. Facts and Procedural History On August 28, 2001, Great American Radio Network, Inc., executed a promissory note in favor of Dennis Kaiser for $300,000 ("the note"). Walter J. Bowen, the president of Great American Radio Network, and McKerall personally guaranteed the note. The terms of the...
PER CURIAM. Elizabeth Roper Carter, John Randolph Roper, and the Estate of Frances Elizabeth Parham Roper ("the estate"), the plaintiffs in an action pending in the Madison Circuit Court (hereinafter referred to collectively as "the plaintiffs"), petition this Court for a writ of mandamus directing the circuit court to vacate an order striking their demand for a jury trial. We deny the petition in part, grant it in part, and issue the writ. Factual Background and Procedural History The...
PER CURIAM. Redtop Market, Inc., and River Road Auto Repair, by and through its owner, Rickey Bolton (hereinafter collectively referred to as "Redtop"), appeal from the trial court's order granting the State of Alabama on the relation of Arthur Green, district attorney for the Bessemer Division of the Tenth Judicial Circuit of Alabama, relief under Rule 60(b)(6), Ala. R. Civ. P. We vacate the order, dismiss the action, and dismiss the appeal. Facts and Procedural History On July 1, 2003,...
SMITH, Justice. Cristian Dragomir, one of the defendants in an action filed by James Pike in the Tallapoosa Circuit Court, petitions for the writ of mandamus requesting this Court to direct the trial court to vacate its order denying Dragomir's motion to dismiss the claims against him for lack of personal jurisdiction. We grant the petition and issue the writ. Factual Background and Procedural History The underlying case arose from an accident that occurred in December 2008 on Interstate 80...
SMITH, Justice. Valentina Lugo de Vega, the widow of Sylvestre Vega, and Sylvestre Vega, Jr., Valeria Maria Vega, Jesus Eduardo Vega Lugo, and Matthew Luke Vega Lugo, the children of Sylvestre Vega (collectively, "the plaintiffs"), petition this Court for a writ of mandamus directing the Jefferson Circuit Court to vacate its order transferring the plaintiffs' claims against Tom Shelton, James Shelton, and Jay Electric Company, Inc., to Tuscaloosa County (no. 1091491). Defendants John Wilson...
SMITH, Justice. Werner Beiersdoerfer appeals from a judgment of the trial court holding that Hilb, Rogal and Hamilton Company ("HRH"); Hilb, Rogal and Hamilton of Alabama, Inc.; and BDF-Meadows, Inc. (hereinafter collectively referred to as "the HRH corporations"), are entitled to a "setoff" against the $900,000 Beiersdoerfer was awarded as compensatory damages for his claims against the HRH corporations. We reverse and remand. Facts and Procedural History This is the fourth time this case...
MURDOCK, Justice. The writ of certiorari is quashed. In quashing the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). WRIT QUASHED. COBB, C.J., and LYONS, STUART, and BOLIN, JJ., concur.
STUART, Justice. Lakyra Elliott, Nequaisha Bland, Seville Briggs, Ishakey Bennett, Freddie Washington, Phillip Hinton, Yolanda Moore, Kyle Rose, Anthoni T. Moore, Lawanda Jefferson, Tassarian Fletcher, Charles Ford, James O. Garth, Dawon Massey, and Shirley Ann Davidson, as mother and next friend of Joe Davidson, a minor ("the plaintiffs"), asserted products-liability, breach-of-warranty, and negligence and/or wantonness claims against Navistar, Inc., formerly known as International Truck &...
STUART, Justice. The Jefferson County Department of Human Resources ("DHR") and Tammie Godfrey, a social worker employed by DHR, contend that they are immune from a civil action, and they petition this Court for a writ of mandamus directing the Walker Circuit Court to dismiss them from the action filed by Thomas Sanders and Vera Sanders. We grant the petition and issue the writ. Facts In June 2001, the Sanderses' house was completely destroyed by a fire started intentionally by M.H., a...
LYONS, Justice. The dispute in the action in the Montgomery Circuit Court underlying this appeal and cross-appeal involves the construction of a residence. In appeal no. 1091077, Lighting Fair, Inc. ("Lighting Fair"), Cherry Marble Group, LLC ("Cherry Marble"), and Texture Crete, Inc. ("Texture Crete"), the plaintiffs below, appeal from the summary judgment against them and in favor of Michael L. Rosenberg, Heidi M. Christie, and Regions Bank d/b/a Regions Mortgage ("Regions"). In appeal no....
LYONS, Justice. Baldwin Mutual Insurance Company, Inc. ("Baldwin Mutual"), appeals from the Mobile Circuit Court's certification of a class action against it. We reverse and remand. Factual Background and Procedural History Dean Edwards sued Baldwin Mutual on July 12, 2007, asserting a breach-of-contract claim. Specifically, Edwards stated that, in August 2005, his house was damaged by Hurricane Katrina and that Baldwin Mutual was his homeowner's insurer at the time. Edwards alleged that,...
WOODALL, Justice. The Lemoine Company of Alabama, L.L.C. ("Lemoine"), subcontracted with HLH Constructors, Inc. ("HLH"), for HLH to perform plumbing work on a construction project. HLH subsequently sued Lemoine, alleging, among other things, that Lemoine had not paid HLH the balance due under the subcontract. The trial court entered a judgment in HLH's favor, awarding damages, interest, and attorney fees. We reverse and remand. Facts and Procedural History Vista Bella, Inc., and Lemoine...
SHAW, Justice. Natures Way Marine, LLC ("Natures Way"), an Alabama limited-liability company and the plaintiff below, appeals from a partial summary judgment entered in favor of Dunhill Entities, LP ("Dunhill"), a Texas limited partnership and a defendant below, as to Natures Way's claim seeking to enforce a mechanic's and materialman's lien pursuant to 35-11-210, Ala.Code 1975. 1 For the reasons discussed below, we dismiss the appeal. Facts and Procedural History Dunhill owns...
SMITH, Justice. The petition for the writ of certiorari is denied. In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). WRIT DENIED. COBB, C.J., and WOODALL, PARKER, and SHAW, JJ., concur.
BOLIN, Justice. The Tennessee Valley Printing Company, Inc., which publishes the TimesDaily newspaper in Florence, and one of its reporters, Michelle Rupe Eubanks (hereinafter collectively referred to as "the TimesDaily"), appeal from the trial court's judgment holding that the Health Care Authority of Lauderdale County and the City of Florence d/b/a Coffee Health Group ("the Health Care Authority") do not have to disclose certain records requested by the TimesDaily pursuant to the Open...
LYONS, Justice. Several legislators who were also employed in or who desired to be employed in the two-year-college system initiated this action in the Montgomery Circuit Court challenging two policies adopted by the State Board of Education ("the Board"). This is the third time this action has been before this Court. On December 28, 2008, this Court dismissed the first appeal as moot. On November 25, 2009, this Court reversed a summary judgment for the employees and remanded the action to the...
SMITH, Justice. The United States Bankruptcy Court for the Northern District of Alabama, Southern Division, has certified three questions to this Court pursuant to Rule 18, Ala. R.App. P. Facts and Procedural History In its certification to this Court, the Bankruptcy Court provided the following background information: "In the 1970's, United States Steel Realty Development Division (`USR') began development of the Heatherwood subdivision [in Shelby County]. Part of the development included...
BOLIN, Justice. These parties have been before this Court previously. See Prince v. Poole, 935 So.2d 431 (Ala.2006) (" Prince I "). Because the facts and procedural history of Prince I are necessary for a complete understanding of the issues presented by this appeal, we quote extensively from the detailed statement of the facts and procedural history in Prince I, and we use the terms defined therein as defined terms in this opinion: "Beginning in 1999, 38 individual plaintiffs filed...
MURDOCK, Justice. Katachia Dale, as administratrix of the estate of her sister Mary Patricia Gulley, deceased, appeals from a summary judgment entered by the Baldwin Circuit Court in favor of Dr. Gary Kolb on her medical-malpractice claim. We reverse the judgment of the trial court. I. Facts and Procedural History Gulley had been experiencing severe abdominal pain for two weeks when she reported to the North Baldwin Infirmary on May 5, 2006, where she received treatment for the pain. She...
BOLIN, Justice. Sanford P. Lowengart III seeks a writ of mandamus ordering the trial court to grant his Rule 12(b)(2), Ala. R. Civ. P., motion to dismiss him as a defendant in an action brought by Gloria Lowengart on the basis that the trial court lacks personal jurisdiction over him. Facts and Procedural History Gloria has been a resident of Alabama since 2000. Sanford, her son, lives in California and was employed by Cephus Capital Management LLC ("Cephus"), an investment-management...
