MURDOCK , Justice . Tonya Denson, a member of the Employees' Retirement System of Alabama ("the ERSA"), and Venius Turner, a member of the Teachers' Retirement System of Alabama ("the TRSA"), brought this action on behalf of themselves, individually, as well as similarly situated members of the Retirement Systems of Alabama ("the RSA"), in the Montgomery Circuit Court against (1) David Bronner, in his official capacities as chief executive officer and secretary-treasurer of the ERSA, the...
MOORE , Chief Justice . William Mudd, John Whitaker, Phillip Luke, and David Wells, and the law firm in which they were members, Whitaker, Mudd, Simms, Luke, & Wells, LLC ("WMSLW") (hereinafter referred to collectively as "the defendants"), 1 petition this Court for a writ of mandamus directing the Chambers Circuit Court either to dismiss this case for lack of subject-matter jurisdiction based on improper venue or to transfer the case from Chambers County to Jefferson County based on venue...
BRYAN , Justice . C.B. Grant, the administrator of the estate of Phillip Frazier, deceased, filed this wrongful-death action in the Montgomery Circuit Court. Mitarazza Davis, 1 Frazier's widow, moved to intervene in the lawsuit, alleging that Grant had secured his appointment as administrator of the estate through fraud and requesting that the wrongful-death action be stayed pending the resolution of the dispute over the administration of the estate by the Lowndes Probate Court. The...
BOLIN , Justice . Progressive Direct Insurance Company ("Progressive") petitions this Court for a writ of mandamus directing the Wilcox Circuit Court to vacate its order dated March 25, 2014, denying Progressive's motion to transfer this action from the Wilcox Circuit Court to the Tuscaloosa Circuit Court and to enter an order granting the motion. We grant the petition and issue the writ. I. Facts and Procedural History The underlying action arises out of a motor-vehicle accident that...
BRYAN , Justice . Victor Deng and DM Technology & Energy, Inc. ("DM"), appeal from a judgment based on the jury's verdict entered by the Jefferson Circuit Court in favor of Clarence "Buddy" Scroggins and Complete Lighting Source, Inc. ("Complete Lighting"), on their claims against Deng and DM alleging breach of contract and fraud. We affirm the judgment as to the breach-of-contract claim but reverse the judgment as to the fraud claim, and we remand the case to the circuit court for a new...
MURDOCK , Justice . Korie Sterling Saylor appeals from a summary judgment denying her claim for an elective share of the estate of her deceased husband, Woodie Jim Saylor. We affirm. I. Facts and Procedural History Woodie and Korie married in October 2005. Woodie died in May 2011. In addition to Korie, Woodie was survived by Jonathan Fred Saylor, an adult son from Woodie's previous marriage. A few weeks after Woodie's death, Jonathan filed a petition to probate Woodie's will in the...
STUART , Justice . Tender Care Veterinary Hospital, Inc. ("TCVH"), appeals the summary judgment entered by the Montgomery Circuit Court in favor of First Tuskegee Bank on breach-of-fiduciary-duty and fraud claims asserted by TCVH stemming from a construction loan TCVH received from First Tuskegee in September 2004. We affirm. I. In 2004, TCVH sought financing from First Tuskegee to construct a veterinary clinic and animal hospital in Pike Road. TCVH asserts that First Tuskegee ultimately...
MOORE , Chief Justice . Paint Rock Turf, LLC ("Paint Rock"), appeals from a judgment as a matter of law ("JML") entered by the Madison Circuit Court on its claim for emblements under 35-9-2, Ala.Code 1975, against First Jackson Bank ("First Jackson") and Wayne A. Goodson and his wife Christian Goodson. 1 First Jackson cross-appeals from the trial court's denial of its postjudgment motion for a JML on Paint Rock's claim alleging conversion of pallets of sod. I. Facts and Procedural...
PER CURIAM . These consolidated cases arise out of an action brought in the Elmore Circuit Court by Guy R. Willis against three defendants: Alaska Bush Adventures, LLC ("Alaska Bush"), Hugh Les Krank, and Ryan L. Krank (Alaska Bush and the Kranks are hereinafter collectively referred to as "the defendants"); the Kranks are the owners and operators of Alaska Bush. In case no. 1130184, the defendants petition for a writ of mandamus directing the trial court to vacate its order denying their...
BOLIN , Justice . Mark Trenier appeals from the trial court's summary judgment in favor of the City of Prichard and its mayor, Troy Ephriam. We affirm. I. Facts and Procedural History The facts in this case are undisputed. This appeal involves a dispute over the interpretation of 11-43C-38(a), Ala.Code 1975, which governs the appointment and removal from office of fire chiefs and police chiefs in Class 5 municipalities such as the City of Prichard. Section 11-43C-38(a) provides: "...
BRYAN , Justice . Regions Bank ("Regions") appeals from an order denying its motion to compel arbitration. We reverse and remand. In 1999, Jerry Wayne Neighbors obtained from Union Planters Bank a loan in the amount of $64,100, which was secured by a mortgage on real property owned by Neighbors and his then wife. Regions is the successor in interest to Union Planters Bank. As part of the loan transaction, Neighbors executed a dispute-resolution agreement ("the DRA"), which provides, in...
STUART , Justice . Joanne Anderson sued Jackson Hospital and Clinic, Inc., Dr. Stephen K. Kwan, and Dr. Kwan's practice group, Capital Cardio-Thoracic, P.C. (hereinafter referred to collectively as "the Jackson Hospital defendants"), in the Montgomery Circuit Court, asserting medical-malpractice claims against them. Thereafter, the trial court granted a motion to substitute bankruptcy trustee Daniel G. Hamm for Anderson as the real party in interest pursuant to Rule 17, Ala. R. Civ. P.,...
MAIN , Justice . The defendant below, America's Home Place, Inc. ("AHP"), appeals from an order of the Chambers Circuit Court ("the trial court") denying AHP's motion to compel arbitration of the claims brought by the plaintiff below, Gregory Rampey. We reverse and remand. I. Facts and Procedural History In August 2012, Rampey and AHP entered into a contract, the terms of which provided that AHP would construct a house for Rampey in Chambers County. AHP constructed the house for Rampey;...
PARKER , Justice . 1 Cameron Givianpour appeals from the Jefferson Circuit Court's dismissal of his complaint for the redemption of certain real property. We reverse and remand. I. Facts and Procedural History At a foreclosure sale held on March 1, 2011, Thomas J. Curtain, Sr., purchased the real property located on Caldwell Mill Road, Mountain Brook, for $295,000 ("the property"). The foreclosed mortgagors were Charles Givianpour and Concetta Givianpour, Cameron Givianpour's parents....
STUART , Justice . Steven Alan Kraselsky ("Steven"), personal representative of the estate of his deceased mother Marcia Kraselsky ("Marcia"), sued David Calderwood, M.D., and Dr. Calderwood's employer, Huntsville Clinic, Inc., in the Madison Circuit Court, alleging that Dr. Calderwood committed medical malpractice while treating Marcia following her admittance to Huntsville Hospital in July 2010 and that his alleged act of malpractice caused her already poor health to decline further and...
MAIN , Justice . Ronald L. Cooper appeals from a summary judgment in favor of MTA, Inc. ("MTA"), in MTA's action against Cooper seeking contribution. We reverse and remand. I. Facts and Procedural History In 1999, Cooper and Robert L. Flowers formed C & F Enterprises, LLC ("C & F"). C & F owned a parcel of property on Meridian Street in Huntsville, upon which it built a shopping center known as College Plaza ("the shopping center"). Subsequently, pursuant to an "Amended and Restated...
WISE , Justice . The petitioners, the plaintiffs in two separate cases below, filed petitions for a writ of mandamus requesting that this Court direct the trial court to rescind its January 7, 2014, protective order and its January 22, 2014, order compelling immediate compliance with that protective order. They then filed amended petitions requesting that this Court direct the trial court to rescind its February 21, 2014, and February 27, 2014, amended protective orders. We grant the...
BOLIN , Justice . Yanmar America Corporation ("Yanmar America") appeals from a judgment entered in favor of Randy Nichols following a trial by a jury of his claims alleging a negligent failure to warn. We reverse and remand. Facts and Procedural History I. The Accident In May 2005, Autrey Nichols purchased a Yanmar model 2210BD tractor from Northside Motors, LLC ("Northside"), in Hamilton. The Yanmar tractor came equipped with a front-end loader and a "bush hog" attachment. 1 The...
PARKER , Justice . Troy Bank and Trust Company ("Troy Bank") appeals a summary judgment entered in favor of The Citizens Bank ("Citizens Bank") by the Geneva Circuit Court ("the circuit court"). We reverse the circuit court's judgment and remand the cause. Facts and Procedural History In its order entering a summary judgment in favor of Citizens Bank, the circuit court set forth the following relevant, undisputed facts: "1. On 12/10/09 Ronnie Gilley Properties, LLC, (`Gilley'...
PER CURIAM . This Court granted certiorari review to address the issue whether a juvenile court may exercise jurisdiction under 12-15-114, Ala.Code 1975, a provision of the Alabama Juvenile Justice Act of 2008, 12-15-101 et seq., Ala.Code 1975 ("the 2008 AJJA"), over a termination-of-parental-rights claim when the grounds for the termination do not involve a child alleged "to have committed a delinquent act, to be dependent, or to be in need of supervision." Facts and Procedural History...
