THOMAS , Judge . S.A.M. ("the mother") and M.H.W. ("the father") are the unmarried parents of S.M. ("the child"), who was born on December 2, 2012. In October 2015, the father filed in the Talladega Juvenile Court a petition to establish paternity and seeking custody of the child. The mother answered the petition and counterclaimed for custody. She filed a motion seeking retroactive child support in April 2016, which the juvenile court considered at the May 2016 trial on this matter. The...
THOMAS , Judge . Springhill Hospitals, Inc. ("Springhill"); Providence Hospital ("Providence"); and Infirmary Health System, Inc. ("Infirmary") (hereinafter referred to collectively as "the hospitals"), have filed a notice of appeal seeking this court's review of a declaratory ruling issued by the Certificate of Need Review Board ("the CONRB") of the State Health Planning and Development Agency ("SHPDA") regarding a letter of non-reviewability ("LNR") that had been requested by Surgicare of...
MOORE , Judge . This appeal arises out of a dispute as to the amount of mileage expenses to which Tracy Page ("the employee") is entitled for the years 2014 and 2015 under a 2008 judgment that approved a settlement between the employee and Southern Care, Inc. ("the employer"), pursuant to Ala. Code 1975, 25-5-56, a part of the Alabama Workers' Compensation Act ("the Act"), Ala. Code 1975, 25-5-1 et seq. The Etowah Circuit Court ("the trial court") awarded the employee only $560.51 of...
MOORE , Judge . Buddy Giles and Sherri Giles appeal from a judgment entered by the Bessemer Division of the Jefferson Circuit Court ("the trial court") to the extent that it dismissed their claims against Hank Blackmon. We reverse the trial court's judgment. Procedural History On December 19, 2013, the Gileses filed a complaint against, among other defendants, Blackmon. The Gileses' complaint alleged that they had hired Blackmon to conduct a home inspection on a certain house that they...
On Remand from the Alabama Supreme Court PER CURIAM . In regard to the consolidated appeals numbered 2120872, 2120907, and 2130628, the Alabama Supreme Court reversed this court's prior judgments in HealthSouth of Alabama, LLC v. Shelby Ridge Acquisition Corp., [Ms. 2120872, June 12, 2015] 207 So.3d 14 , 36 (Ala.Civ.App.2015), and rendered judgments in favor of HealthSouth of Alabama, LLC, and the Alabama State Health Planning and Development Agency. Ex parte HealthSouth of Alabama,...
MOORE , Judge . In these consolidated appeals, the Alabama Department of Public Health ("the Department") appeals from three separate, but identical, judgments entered by the Bessemer Division of the Jefferson Circuit Court ("the circuit court") that reversed three separate orders of the State Health Officer disqualifying Bessemer Meat/Southeastern Meat ("Bessemer Meat"), Sixth Avenue Meat and Fish Market, LLC ("Sixth Avenue"), and Third Avenue Meat and Fish Market ("Third Avenue") from...
PITTMAN , Judge . This court, on February 27, 2015, issued an opinion noting that the prior judgment of this court, which had affirmed the judgment of the Walker Circuit Court, had been reversed, and the cause remanded, by our supreme court in Ex parte O.S., [Ms. 1121134, June 20, 2014] 205 So.3d 1233 (Ala.2014); we therefore reversed the judgment of the Walker Circuit Court and remanded the cause for the entry of a judgment dismissing, for lack of subject-matter jurisdiction, an action...
MOORE , Judge . In 1973, the Alabama Legislature created the Alabama Department of Youth Services ("the DYS"), see Ala. Acts 1973, Act No. 816, 3, codified at 44-1-20, Ala. Code 1975, to, among other things, establish and provide educational services and facilities for youths who juvenile judges have deemed in need of such services. See 44-1-1, Ala.Code 1975. By law, a board ("the DYS board") composed of 18 voting members oversees the DYS. 44-1-51, Ala.Code 1975. The DYS board...
THOMPSON , Presiding Judge . On July 22, 2014, B.F.G. ("the father") filed in the Houston Circuit Court ("the trial court") a complaint seeking to establish his paternity of O.M.W. ("the child"), who was born of his relationship with C.N.L. ("the mother"). According to the allegations in his complaint, the father is a resident of Nevada. The mother and the child had lived in Alabama for 11 months at the time the father filed the complaint. In his complaint, the father sought an award of...
MOORE , Judge . James Shankles appeals from a judgment entered by the Etowah Circuit Court ("the trial court") in favor of Troy Moore and Kaci Rogers Moore on their claims arising from the purchase of certain real property from Shankles. We affirm. Procedural History On January 17, 2013, the Moores filed a complaint in the trial court against Shankles, asserting claims of breach of contract, fraud, and "negligence, wantonness, or recklessness" stemming from the Moores' purchase of...
THOMAS , Judge . In June 2014, in compliance with Ala. Admin. Code (State Health Planning and Development Agency), Rule 410-1-7-.05, Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham ("Trinity"), filed with the State Health Planning and Development Agency ("SHPDA") a letter of intent proposing to relocate its radiation-oncology services and two linear accelerators, which were housed at Trinity's former hospital campus on Montclair Road in Birmingham ("the Montclair campus"),...
DONALDSON , Judge . Melissa Berg appeals from a summary judgment in favor of Than Nguyen and Myanh Nguyen. The Nguyens leased property to a tenant. Berg was injured by a dog owned by the tenant, but Berg was not on the leased property at the time of the injury. Berg sued the Nguyens, as landlords of the tenant. We affirm the summary judgment in favor of the Nguyens. Facts and Procedural History The Nguyens owned rental property ("the rental property") in Madison County that was located...
THOMPSON , Presiding Judge . Claudia Pearson appeals an April 2, 2015, judgment of the Tuscaloosa Circuit Court denying her claim seeking to require The Westervelt Company ("Westervelt"), a Delaware corporation with its principal place of business in Tuscaloosa, to allow her to inspect certain of its corporate records. The record on appeal indicates that Pearson was one of several plaintiffs in an earlier action, filed in the Jefferson Circuit Court, against Westervelt, Jon W. Warner, Jr.,...
THOMPSON , Presiding Judge . Calhoun Community College ("Calhoun") appeals from a decision of a hearing officer determining that Calhoun's president, Dr. Marilyn Beck, improperly denied Timothy Hudson's request for subpoenas in connection with a hearing in which Hudson challenged a proposed change in his status and salary at Calhoun. The hearing officer determined that, in denying Hudson's request to have certain subpoenas issued, Dr. Beck acted arbitrarily and capriciously and "violated...
MOORE , Judge . Don Cartee, Rebecca Cartee, and Alan Cartee (hereinafter referred to collectively as "the Cartees") appeal from a judgment of the Franklin Circuit Court ("the trial court") dismissing, with prejudice, their case against Community Spirit Bank ("Community"). We affirm. Procedural History On March 17, 2014, the Cartees filed, in the trial court, a complaint against Community concerning a dispute regarding the Cartees' repayment of a loan secured by a mortgage to Community....
DONALDSON , Judge . Ann Brown appeals from a judgment entered by the Madison Circuit Court ("trial court") granting a variance that allows a reduction in the number of required parking spaces for Brown's business, Ann's Studio of Dance ("the dance studio"), subject to conditions imposed by the trial court. We affirm. Facts and Procedural History For 44 years, Brown has operated the dance studio to educate students in dance and gymnastics. The dance studio currently consists of two...
PITTMAN , Judge . Elizabeth Williams ("the mother") appeals from a judgment of the St. Clair Circuit Court ("the trial court") modifying an earlier custody order that had been entered by the St. Clair District Court ("the initial custody order") in a paternity action. The initial custody order had incorporated an agreement between the mother and Larry Minor ("the father") and had awarded primary physical custody of the parties' minor child to the mother. In its judgment modifying the...
THOMPSON , Presiding Judge . James Todd Henry ("the husband") appeals from a judgment of the Etowah Circuit Court ("the trial court") that, among other things, divorced him from Carlaine Henry ("the wife") and divided the parties' marital property. The husband raises two issues on appeal: whether the trial court abused its discretion in awarding the wife a Corvette automobile and whether the trial court abused its discretion in divorcing the parties. The evidence relevant to the issue of...
THOMAS , Judge . Steven Jeffery Williams ("the father") and Jennifer Williams ("the mother") were divorced by a judgment entered by the Etowah Circuit Court in 2008. There are two children of the marriage. The circuit court awarded the father custody of the children, subject to the mother's award of supervised visitation. In 2009 the circuit court found the father in contempt regarding his lack of compliance with the mother's right to visitation. In 2011 the circuit court ordered the mother...
DONALDSON , Judge . This appeal involves a claim that a portion of the Alabama Uniform Parentage Act, 26-17-101 et seq., Ala.Code 1975 ("the AUPA"), is unconstitutional. C.E.G. appeals the judgment of the Tuscaloosa Circuit Court ("the trial court") dismissing his complaint seeking to establish his paternity of J.R.E. ("the child") and the right to custody and visitation with the child. C.E.G.'s complaint was dismissed because, under the AUPA, he does not have the right to maintain an...
