BRYAN, Judge. South Highland Limited Partnership ("the landlord") appeals from a summary judgment in favor of Southern Family Markets of Clanton, LLC ("the tenant"). We affirm. On October 27, 2007, the landlord sued the tenant, stating a claim that the tenant had breached a lease dated October 31, 1987 ("the 1987 lease"). 1 The landlord alleged that, in the 1987 lease, Joseph S. Bruno and Theresa L. Bruno had leased a building in a shopping center in Clanton ("the leased premises") to Bruno'...
BRYAN, Judge. David Bittinger ("the former husband") appeals from a judgment entered by the Lawrence Circuit Court ("the trial court") insofar as it modified his child-support obligation to Paula Bittinger Byrom ("the former wife") and determined his child-support arrearage and from an order purporting to amend that judgment. Procedural History On January 15, 2008, the former husband filed a petition in the trial court seeking to hold the former wife in contempt for violating certain...
PITTMAN, Judge. This appeal, transferred to this court pursuant to Ala.Code 1975, 12-2-7(6), concerns the enforceability of a residential restrictive covenant. In February 2005, Ray E. Maxwell and Dana Maxwell, the owners of a residential lot in the Etowah County subdivision known as "The Highlands," filed a civil action in the Etowah Circuit Court naming as defendants the occupants of an adjacent lot, Jerry S. (Steve) Boyd and Nicole Boyd. 1 The Maxwells sought injunctive relief...
THOMAS, Judge. In March 2006, Pamlin Delashaw was injured in the line and scope of her employment with Stein Mart, Inc. Delashaw sued Stein Mart, seeking workers' compensation benefits. After a trial, the trial court concluded that Delashaw had suffered a permanent partial disability to her body as a whole and an 85% loss of earning capacity as a result of her injury and awarded workers' compensation benefits accordingly. Stein Mart appeals that judgment. Delashaw was employed by Stein Mart...
MOORE, Judge. L.N.K. ("the mother") petitions this court for a writ of mandamus directing the Shelby Circuit Court ("the circuit court") to dismiss the petition for custody of B.T.H. ("the child") filed by B.E.H., Sr. Procedural History Based on the materials submitted to this court and the stipulations of the parties, it appears that, in 2003, the Jefferson Family Court entered a judgment establishing B.E.H., Sr., as the father of the child and ordering him to pay child support. That...
MOORE, Judge. Bad Ass Coffee Company of Hawaii, Inc. ("the coffee company"), appeals from the Tuscaloosa Circuit Court's denial of its motion to compel arbitration in a civil case brought by Naughty Donkey Enterprises, LLC, Forest Doles, and Robert Derieux (hereinafter collectively referred to as "the plaintiffs"). We affirm. Facts and Procedural History On June 29, 2009, the plaintiffs filed a complaint against the coffee company alleging that the coffee company had defaulted on a...
PITTMAN, Judge. Muzaffer I. Sheikh appeals from a summary judgment entered by the Jefferson Circuit Court in favor of the Lakeshore Foundation ("Lakeshore") in a premises-liability action. Sheikh's complaint alleged that he had tripped and fallen over some cables stretched across the floor of Lakeshore's exercise facility, of which he was a member, and that he had been injured as a result. The trial court entered its summary judgment on the ground that there was no basis upon which...
PITTMAN, Judge. This appeal concerns the denial of a motion to compel arbitration of claims brought against an automobile manufacturer, Volkswagen Group of America, Inc. ("the manufacturer"), by the purchaser of one of the manufacturer's motor vehicles, Bennie Williams ("the purchaser"), in the Jefferson Circuit Court. The complaint in this action averred that in February 2007 the purchaser bought a 2007 model Passat automobile from a dealer authorized by the manufacturer to sell its vehicles,...
PITTMAN, Judge. Monty Ervin appeals from a judgment determining that he is liable to Jennifer Stackhouse for violations of the Alabama Uniform Residential Landlord and Tenant Act, 35-9A-101 et seq., Ala.Code 1975 ("the Act"). Stackhouse decided to lease an apartment ("the apartment") from Ervin, who was the landlord. On December 27, 2007, she entered into a lease agreement styled "Transient Week to Week Lease Agreement" with Ervin and an entity named Southern Realty. 1 The lease agreement...
MOORE, Judge. This is a boundary-line dispute between two landowners. W. Samuel Cousins appeals from a summary judgment entered by the Autauga Circuit Court ("the trial court") in favor of Patricia McNeel. In that judgment, the trial court declared McNeel the owner of a disputed strip of property ("the disputed property") located on the eastern boundary of McNeel's property and on the western boundary of Cousins's property. The trial court also established the boundary line of the two parcels....
THOMAS, Judge. Steve Sexton and Frances Sexton appeal from a summary judgment entered by the Autauga Circuit Court in favor of Bass Comfort Control, Inc. ("Bass Comfort"), and Waterfurnace International, Inc. ("Waterfurnace"). We affirm in part; reverse in part; and remand. Facts and Procedural History In February 2002, the Sextons began building a house. In February or March 2002, Steve discussed the purchase and installation of two Waterfurnace geothermal heating, ventilation, and air-...
PITTMAN, Judge. In this appeal, transferred to this court by the Alabama Supreme Court pursuant to Ala.Code 1975, 12-2-7(6), the Baldwin Circuit Court has entered an order granting a motion seeking changes in that court's September 11, 2009, order in an action stemming from a real-property dispute involving five cotenant plaintiffs— Norma P. Wenzel, Roderick H. Wenzel, Gary H. Wenzel, Joseph L. Wenzel, and Ronald E. Wenzel ("the Wenzels")—a governmental defendant (Baldwin County), and two...
PITTMAN, Judge. Philla L. Poh ("the father") appeals from a judgment of the Mobile Circuit Court denying his motion to modify custody or his child-support obligation. We affirm in part, reverse in part, and remand. The father and Titiana N. Poh ("the mother") divorced in June 2005. The mother received primary physical custody of their child ("the child"), and the father was granted visitation rights. Custody was most recently modified in August 2008. On May 18, 2009, the mother filed a...
MOORE, Judge. Lerone Ramson appeals from a summary judgment entered by the Montgomery Circuit Court ("the trial court") in favor of Dwonna Brittin. We affirm. The record, when viewed in a light most favorable to Ramson, the nonmovant, see Johnson v. Jester, 941 So.2d 307 , 312 (Ala. Civ.App.2006), shows that Ramson occasionally would perform yard work for Brittin at her home to earn extra money. On August 15, 2009, Ramson went to Brittin's home to cut tree limbs. He took with him an...
MOORE, Judge. On November 12, 2007, Michael Sparks and Gina Sparks filed a complaint in the Jefferson Circuit Court against Allstate Insurance Company 1 and Michael Rocchio, an agent or employee of Allstate. The Sparkses alleged, among other things, that their mobile home, the personal contents in the mobile home, and an automobile owned by them had been destroyed by a fire, that Allstate had issued the insurance policies insuring the property, that they had filed a claim as to all the...
THOMAS, Judge. Clyde F. Helton, Jr., appeals from the Bibb Circuit Court's summary judgment in favor of Brent Belcher Properties, Ltd. ("Belcher Properties"), and Brent Belcher (hereinafter collectively referred to as "the defendants"). Facts and Procedural History On June 16, 2006, Helton, an employee of Belcol Wood, Inc., was injured during the course of his employment when he fell through a skylight and suffered severe and permanent injuries. In a previous proceeding, Helton filed a...
PITTMAN, Judge. This mandamus proceeding arises from a civil action pending in the Mobile Circuit Court in which grandparental visitation with a minor child has been sought. In September 2009, the paternal grandparents of Matthew Fisher Jameson ("the child")—James William Jameson and Lynn Bistle Jameson ("the paternal grandparents")—brought the underlying action against the child's parents, Michelle C. Jameson ("the mother") and Matthew S. Jameson ("the father"). The father moved to dismiss...
PER CURIAM. Jeffrey Scott Gibson, James Hezzie Sparks, Johnny D. Lane, David Alan Hampton, and Tony Ellis (hereinafter collectively referred to as "the petitioners") are each incarcerated in the Winston County jail on contempt orders related to each petitioner's failure to pay child support. Judge Michael Newell, acting as a juvenile court judge for the Winston Juvenile Court, entered judgments finding Gibson, Lane, and Ellis in contempt for failure to pay child support as ordered by the court,...
MOORE, Judge. The City of Gadsden ("the City") appeals from a judgment of the Etowah Circuit Court ("the trial court") awarding worker's compensation benefits to Lawrence Scott. We reverse. Relevant Facts Scott was born on March 25, 1950, and was 59 years old at the time of the trial. According to Scott, he began working as a police officer for the City in November 1976. On or about August 21, 2001, Scott participated in an in-service training exercise involving restraint maneuvers. When a...
MOORE, Judge. Biz Distribution Company, Inc. ("Biz"), appeals from a judgment of the Lamar Circuit Court ("the trial court") dismissing, without prejudice, its complaint against Crystal Fresh, Inc. ("CFI"). We affirm. Biz and CFI entered into two agreements pursuant to which Biz agreed to act as the exclusive distributor of CFI products in certain north and west Alabama counties. On September 30, 2009, Biz filed a complaint against CFI alleging that CFI had breached those agreements, as well...
