WISE, 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). See also Rule 39(a)(1)(D), Ala. R.App. P. WRIT DENIED. MALONE, C.J., and WOODALL, STUART, BOLIN, PARKER, MURDOCK, SHAW, and MAIN, JJ., concur.
PARKER, Justice. Claudia Dabbieri filed a complaint in the Perry Circuit Court naming as defendants Donald Wease, Alabama Cable and Fiber Repair ("Alabama Cable"), 1 PDQ CATV, Inc. ("PDQ"), City Boy's Tire and Brake, Inc. ("CBT"), Continental Tire the Americas, LLC, and several fictitiously named defendants, asserting claims arising out of a motor-vehicle accident in Perry County. CBT moved the trial court, pursuant to Rule 12(b)(2), Ala. R. Civ. P., to dismiss Dabbieri's claims against it...
BOLIN, Justice. Betty Bradberry and Inez T. Jones, as the "personal representatives of the heirs-at-law[ 1 ] and/or wrongful death beneficiaries of" the decedents, Roland E. Bradberry and George D. Jones, respectively ("the plaintiffs"), appeal from summary judgments in favor of Carrier Corporation and multiple other defendants (hereinafter collectively referred to as "the defendants") in the plaintiffs' wrongful-death action based on their decedents' exposure to asbestos in their work...
BOLIN, Justice. Oak Grove Resources, LLC, and Cliffs North American Coal, LLC (hereinafter collectively referred to as "Oak Grove"), appeal from the trial court's order in favor of a class of plaintiffs in this toxic-tort class action, finding that Oak Grove failed to satisfy the requirements of a settlement agreement between the parties and ordering the continued monitoring of air near the plaintiffs' properties for the presence of coal dust for a period of one year. Facts and Procedural...
STUART, Justice. Randy Fielding petitions this Court for a writ of mandamus directing the Walker Circuit Court to vacate its order denying his motion for a summary judgment and to enter a summary judgment based on his claim to State immunity. We grant the petition and issue the writ. Facts and Procedural History In November 2004, Debra Jackson and Jerry Jackson sued Fielding, individually and in his capacity as a deputy sheriff, after Fielding, while he was on duty, entered their property...
WOODALL, Justice. For the second time, we are called upon to address the validity of an order of the Etowah Circuit Court granting a new trial on the motion of Pamela Washington and her husband, Robert Washington, Jr. ("the Washingtons"). See Ex parte Limerick, 66 So.3d 755 (Ala.2011), which sets out the factual and procedural history of this action. In Limerick, we issued, on the petition of John Aldridge Limerick, a writ of mandamus directing the trial court to vacate its order...
BOLIN, Justice. Novus Utilities, Inc. (hereinafter "Novus"), seeks a writ of mandamus directing the Cullman Circuit Court to dismiss negligence and private-nuisance claims against it as time-barred. Facts and Procedural History On June 20, 2008, 11 property owners residing in Cullman County sued the Hanceville Water Works & Sewer Board (hereinafter "the Board"), Sally Alexander (individually and in her capacity as comanager of the Board), and Southwest Water Company (hereinafter "Southwest")...
BOLIN, Justice. The Travelers Indemnity Company of Connecticut (hereinafter "Travelers") appeals from a $251,913.91 judgment against it and in favor of Willie A. Miller. 1 We reverse and remand. Smith House Movers, Inc. ("Smith"), was hired as a subcontractor for a corporation that was constructing a new bypass highway in Red Bay; Smith was hired to move houses located in the path of the roadwork to be performed. Smith had to have a certificate of insurance to perform the work, and it...
BOLIN, Justice. This appeal arises from a dispute between the Alabama Commercial Mobile Radio Services ("CMRS") Board ("the CMRS Board") and the individual members of the CMRS Board, on the one hand, and T-Mobile South, LLC, and PowerTel Memphis, Inc. (hereinafter referred to collectively as "T-Mobile"), two providers of wireless telephone services, regarding emergency "911" service charges for purchasers of prepaid wireless service, on the other. Legislative History Traditionally,...
SHAW, Justice. In separate petitions, Hampton Insurance Agency ("Hampton") and Ginger A. Spencer (case no. 1101211) and Acceptance Indemnity Insurance Company ("Acceptance") and Ashland General Agency, Inc. ("Ashland") (case no. 1101226), the defendants in an action filed in the Hale Circuit Court by Mary Alice Patton d/b/a Hole in the Wall Lounge alleging that they failed to procure insurance coverage, petition this Court for writs of mandamus directing the trial court to transfer the...
PER CURIAM. Brandon Deon Mitchell was convicted of four counts of capital murder for the intentional killing of Kim Olney, John Aylesworth, and Dorothy Smith during the course of a robbery at a hotel, 13A-5-40(a)(2), Ala.Code 1975, and for killing two or more persons pursuant to one act or course of conduct, 13A-5-40(a)(10), Ala. Code 1975. The jury that convicted Mitchell recommended that he be sentenced to life in prison without the possibility of parole on each conviction. After...
WISE, Justice. The remaining defendant below, National Security Fire & Casualty Company ("National Security"), appeals an order of the Mobile Circuit Court certifying a class action. Facts and Procedural History The plaintiff, Maurice DeWitt, lived in a mobile home in Theodore. On August 29, 2005, DeWitt's mobile home and storage shed were damaged during Hurricane Katrina. At the time of the loss, DeWitt had a homeowner's insurance policy with National Security, and DeWitt filed a claim...
SHAW, Justice. Charles H. Stephens and Stephens Properties, Inc., the defendants/counterclaim plaintiffs below, appeal from a judgment entered on a jury verdict in favor of Fines Recycling, Inc. ("Fines"); Harry Donaldson, Jr.; Gerry Hamby; Hal Isbell; and Donald G. Wilson (collectively "the Fines shareholders"), the plaintiffs/counterclaim defendants below, on claims stemming from a dispute over a commercial lease. We dismiss the appeal as being from a nonfinal judgment. Facts and Procedural...
BOLIN, Justice. Andrew L. Sutley petitions this Court for a writ of mandamus directing the Alabama Court of Civil Appeals to quash the writ it issued on May 6, 2011. In its opinion issuing the writ, the Court of Civil Appeals directed the Montgomery Circuit Court to vacate its order of December 21, 2010, adding the Alabama State Personnel Board ("the Board") as a party to Sutley's administrative appeal. Ex parte Alabama State Pers. Bd., [Ms. 2100289, May 6, 2011] 86 So.3d 993 (Ala.Civ.App....
MALONE, Chief Justice. Employers Mutual Casualty Company ("Employers Mutual") appeals from the denial of its motion to intervene in a case pending in the Jefferson Circuit Court. We affirm. Procedural History This case is factually and procedurally complex. On May 25, 2010, George Chavous, Lorine Chavous, Terrell Hopkins, Raeshonda Hopkins, Sharon Spivey, Cynthia Conner, Kenturah Felton, Kimberly Marable, and Chris Hill (hereinafter referred to collectively as "the initial plaintiffs") sued...
STUART, Justice. Town & Country Property, L.L.C., and Town & Country Ford, L.L.C. (hereinafter collectively referred to as "T & C"), sued Amerisure Insurance Company and Amerisure Mutual Insurance Company (hereinafter collectively referred to as "Amerisure") and Amerisure's insured, Jones-Williams Construction Company, Inc., 1 in the Jefferson Circuit Court pursuant to Alabama's direct-action statute, 27-23-2, Ala.Code 1975, alleging that Amerisure was obligated to pay a $650,100 judgment...
MALONE, Chief Justice. Aurora Healthcare, Inc.; Aurora Cares, LLC, d/b/a Tara Cares (hereinafter referred to collectively as "the Aurora defendants"); and Birmingham Nursing and Rehabilitation Center East, LLC ("Birmingham East") (the Aurora defendants and Birmingham East are hereinafter referred to collectively as "the defendants"), appeal from an order of the Jefferson Circuit Court denying their motion to compel arbitration. We reverse and remand. Facts and Procedural History On or about...
WOODALL, Justice. McNeese Title, LLC, a Florida limited liability company owned and operated by Richard McNeese, and Richard McNeese (hereinafter referred to collectively as "McNeese"), and Peggy S. Owens petition this Court for a writ of mandamus, directing the Mobile Circuit Court to vacate its order denying the motions of McNeese and Owens to dismiss the action filed against them by Mobile County resident James E. Atchison and to enter an order dismissing the action for lack of in...
BOLIN, Justice. Smith's Sports Cycles, Inc. ("Smith"), appeals from a judgment in a nonjury trial in favor of American Suzuki Motor Corporation ("Suzuki") on Smith's claim that Suzuki wrongfully terminated the parties' franchise agreement. I. Facts and Procedural History Smith and Suzuki entered into a written franchise agreement, effective February 14, 1989, authorizing Smith to operate a Suzuki dealership in Tuscaloosa. Pursuant to the franchise agreement, Suzuki supplied motorcycles, all-...
STUART, Justice. The Boaz City Board of Education ("the Board") and its members Alan Perry, Fran Milwee, Roger Adams, Alan Davis, and Tony G. King (hereinafter referred to collectively as "the Board members") petition this Court for a writ of mandamus directing the Marshall Circuit Court to vacate its order denying their motion to dismiss the claims filed against them by Lisa Tarvin and Donnie Tarvin and to enter an order dismissing with prejudice the claims against them. We grant the petition...
