On Remand from the Alabama Supreme Court THOMAS, Judge. This court's prior judgment has been reversed and the cause remanded by the Alabama Supreme Court. Ex parte Webb, 53 So.3d 121 (Ala.2009). In compliance with the Supreme Court's opinion, we "remand the cause for the hearing officer to vacate those parts of his order altering [Cedrick] Webb's past disciplinary records and expunging Webb's employment records." 53 So.3d 121 . In order to assure compliance with the Supreme Court's...
On Application for Rehearing PER CURIAM. The opinion of August 21, 2009, is withdrawn, and the following is substituted therefor. On November 30, 2005, R.J.G. filed a complaint in the Baldwin Juvenile Court ("the juvenile court") alleging that he is the biological father of A.G. ("the child") and seeking a judicial determination of his paternity of the child. In that complaint, R.J.G. sought to enforce his visitation rights and to have his child-support obligation determined pursuant to the...
BRYAN, Judge. LVNV Funding, LLC ("LVNV"), appeals from a judgment denying its motion to vacate a default judgment pursuant to Rule 60(b)(4), Ala. R. Civ. P. 1 We reverse and remand. On April 18, 2006, Tammie Lynn (Moncries) Boyles sued LVNV in the Jefferson Circuit Court ("the circuit court"). In pertinent part, Boyles's complaint alleged that LVNV was "one and the same as Resurgent Capital Services, L.P.[,] a corporation, of Houston, Texas, and one and the same as Resurgent Services...
BRYAN, Judge. The plaintiffs below, Richard Presley and Joy Presley, appeal from a judgment as a matter of law ("JML") entered in favor of the defendants below, B.I.C. Construction, Inc. ("B.I.C"), Brandon Grant, and Michael Roberts. We affirm. In May 2007, the Presleys were building a new house ("the house") for themselves; Richard Presley was acting as the general contractor. The Presleys negotiated with B.I.C, a corporation operated by Grant and Roberts, regarding the framing of the house,...
PER CURIAM. On June 24, 2008, the Calhoun Circuit Court entered an "interim judgment" determining that Margaret Cowart's injuries had occurred within the line and scope of her employment with SouthernCare, Inc., and ordering that SouthernCare authorize Dr. James White to treat Cowart for those injuries. SouthernCare filed a motion challenging the "interim judgment" on July 23, 2008; that motion was denied by the trial court on August 4, 2008. On August 8, 2008, SouthernCare filed a petition...
BRYAN, Judge. This is an adoption case in which A.E.C. ("the birth mother") appeals the Jefferson Probate Court's denial of the contest she filed challenging the adoption of A.J.M. ("the child") by J.R.M., Jr., and J.A.M. ("the adoptive parents"). The birth mother's contest and appeal are based, in large part, on her assertion that the prebirth-consent form used for the adoption is invalid. On September 7, 2006, Jefferson County Probate Judge Mark Gaines signed an order confirming the...
BRYAN, Judge. The law firm of Gordon, Dana, Still, Knight & Gilmore, LLC ("Gordon"), as successor to Gordon & Associates, LLC, appeals a judgment of the Jefferson Circuit Court affirming the tax assessment of Gordon's personal property for the years 2003 through 2007 by the Jefferson County Tax Assessor ("the tax assessor"). We affirm. The circuit court's judgment recites the procedural history and material facts: "This case is the taxpayer's appeal from personal property tax assessments...
PITTMAN, Judge. In August 2006, Lana T. Brown ("the employee") sued, along with several fictitiously named defendants, Patsy Patton, an individual doing business under the name "Korner Store" ("the employer"), in the Bibb Circuit Court. The employee alleged in her complaint that on or about August 3, 2004, she tripped and fell while in the line and scope of her employment, suffering a disabling left-wrist injury for which, she said, the employer should be responsible for providing compensation...
THOMAS, Judge. Carol Mahoney appeals from a judgment of the Baldwin Circuit Court denying her request for an attorney's fee and costs pursuant to the Alabama Litigation Accountability Act, 12-19-270 et seq., Ala. Code 1975 ("ALAA"). We reverse. For an understanding of the facts and procedural history underlying this appeal, we quote from this court's decision in Mahoney v. Loma Alta Property Owners Ass'n, 4 So.3d 1130 , 1131-33 (Ala.Civ.App.2008)(" Mahoney "): "Loma Alta Property Owners...
THOMAS, Judge. Cedrick Webb, a tenured teacher, taught physical education and served as the head football coach at Bellingrath Junior High School ("Bellingrath") in Montgomery County. On May 4, 2006, three weeks before the end of the 2005-2006 school term, Webb was placed on administrative leave, with full pay and no loss of benefits, while Dr. Angela Mangum, the Bellingrath principal, and Jimmy Barker, the assistant superintendent for human resources at the Montgomery County Board of...
