MOORE, Judge. Carolyn Sue Christopher ("the mother") appeals from a judgment of the Limestone Circuit Court ("the trial court") requiring her to pay postminority educational support on behalf of her child, C.C. Procedural History The mother and Charles Phillip Christopher ("the father") were divorced by a judgment of the trial court in 2010. At the time the divorce judgment was entered, the mother and the father had one adult child and two children who were still under the age of majority,...
PITTMAN, Judge. Absolute Drug Detection Services, Inc. ("ADDS"), and Chauncey Thuss, Jr. ("Thuss"), the owner of ADDS, appeal from a summary judgment in favor of Regions Bank ("Regions") and Nisa Jordan ("Jordan"), an employee of Regions. This action arises out of allegedly unauthorized transactions that occurred involving bank accounts ADDS had with Regions. ADDS and Thuss filed the action in May 2009, naming as defendants Regions, Jordan, Eric Reed ("Reed"), Adrienne Reed d/b/a Jeffco Chem-...
PITTMAN, Judge. Arthur Lane Skinner appeals from a judgment entered on a jury verdict of $35,000 in favor of Raymond C. Bevans on Bevans's assault-and-battery claim against him and from summary judgments in favor of Bevans as to seven counterclaims he asserted against Bevans. We affirm in part, reverse in part, and remand for a new trial. Facts and Procedural History Skinner and Bevans are neighbors in rural Butler County. Bevans's property fronts on a public road; Skinner's property is...
MOORE, Judge. William R. Rice III and Laura Rebecca Rice appeal from a judgment of the Lee Circuit Court ("the trial court") awarding attorney fees and costs in the amount of $18,284.96 to the Grove Hill Homeowners' Association, Inc. ("the Association"). We affirm. The parties have previously been before this court, first in Grove Hill Homeowners' Association, Inc. v. Rice, 43 So.3d 609 (Ala.Civ.App.2010) (" Grove Hill I "), in which this court reversed a judgment of the trial court, in...
PER CURIAM. Jim Skinner Ford, Inc., and the Department of Industrial Relations ("DIR") separately appeal from the circuit court's judgment determining that John H. Davis did not voluntarily quit his employment and that he is entitled to unemployment-compensation benefits. We affirm. Following the separation of his employment from Jim Skinner Ford, Davis applied with DIR for unemployment-compensation benefits. Davis was granted benefits, and Jim Skinner Ford appealed that decision to DIR's...
THOMPSON, Presiding Judge. Goodyear Tire & Rubber Company ("Goodyear") appeals from a judgment requiring it to continue to pay for medical care being provided to Marvin J. Wilson to treat his lower-back pain. In the judgment, the trial court found that Wilson's back pain is caused, at least in part, by a lumbar back strain Wilson suffered in 1986, while he was employed by Goodyear. The record indicates the following. Wilson began working for Goodyear in 1965. In October 1986, he suffered an...
PER CURIAM. H.H.J. ("the father") and K.T.J. ("the mother") were married on September 28, 1986. One child, H.R.J. ("the child"), was born of the parties' marriage. The father engaged in an extramarital relationship with C.E.C., who gave birth to the father's two younger children ("the half siblings"). The existence of the father's relationship with C.E.C. and of the half siblings was unknown to the mother and to the child for a number of years. The mother eventually discovered the father's...
PITTMAN, Judge. These two consolidated appeals are taken from a judgment of the Montgomery Circuit Court determining that the Friends of Hurricane Creek ("FOHC") and John Wathen have standing to seek (a) administrative review of an order entered by the Alabama Department of Environmental Management ("the Department") assessing monetary sanctions against SDW, Inc. ("the developer"), a residential developer that purportedly discharged certain materials into an unnamed tributary ("the tributary")...
BRYAN, Judge. 1 The Huntsville City Board of Education ("the Board") appeals from a hearing officer's decision reversing the Board's decision to terminate the employment of Darrell McLemore. McLemore cross-appeals. We affirm the hearing officer's decision, and we dismiss the cross-appeal as moot. McLemore began working for the Board in 1995 in the position of "custodian II." In 2006, McLemore left his custodian position and became a refrigeration/AC helper for the Board. The Board has a...
THOMAS, Judge. E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address all the issues presented before it, we determine that judgment is nonfinal and dismiss the appeal. The child was born in Guatemala on November 23, 1994. When the child was 11 years old, he stopped attending school and began working in...
MOORE, Judge. R.P.M. ("the mother") appeals from a judgment entered by the Limestone Juvenile Court (hereinafter sometimes referred to as "the juvenile court"). We dismiss the appeal. Background On March 31, 2011, P.D.A. ("the father") petitioned the juvenile court to modify custody of P.A. ("the child"), who was born on March 13, 2002. He asserted that the Juvenile Court of Davidson County, Tennessee ("the Davidson Juvenile Court"), previously had adjudicated his paternity of the child,...
MOORE , Judge . First United Security Bank and Paty Holdings, LLC, appeal from a judgment of the Tuscaloosa Circuit Court ("the trial court") determining that Wayne Allen Russell, Jr., was entitled to the excess funds received by Tuscaloosa County from the sale of certain property owned by Russell ("the property") for unpaid taxes. Procedural History On December 30, 2010, First United Security Bank filed a verified complaint against W. Hardy McCollum, in his capacity as Tuscaloosa County...
PITTMAN, Judge. This appeal from a judgment of the Jefferson Circuit Court arises out of efforts on the part of Jimmie L. Holifield ("the father") to set aside a judgment of the Jefferson Family Court entered in favor of Shirley J. Lambert ("the mother") on her child-support-arrearage claim against the father stemming from a 1971 judgment of paternity entered by a Wisconsin court specifying the father's support obligations as to a child born of the parties in December 1968. According to...
PITTMAN, Judge. In January 2010, Sylvia McCaskill sued her mother-in-law, Ernestine McCaskill, and Ernestine's husband, Anthony McCaskill, in the Mobile District Court, asserting a claim of malicious prosecution; Ernestine and Anthony filed an answer denying liability as to Sylvia's claim and asserted a counterclaim alleging that Sylvia was liable to them for having abused process. After an ore tenus proceeding, the district court entered a judgment on May 7, 2010. The district court's...
PITTMAN, Judge. Camping World, Inc., appeals from a judgment of the Coffee Circuit Court denying its motion to set aside a default judgment entered against it in favor of Michael McCurdy. On April 26, 2011, McCurdy initiated a civil action naming Camping World as a defendant. Camping World was served with McCurdy's complaint on May 13, 2011. On June 21, 2011, McCurdy filed a motion under Rule 55(a), Ala. R. Civ. P., seeking the entry of a default judgment against Camping World. On June 27,...
On Application for Rehearing THOMAS, Judge. The no-opinion order of affirmance of August 17, 2012, is withdrawn, and the following is substituted therefor. In early October 2010, a victim of a shooting gave a statement naming Namath Joe Jackson as the man who had shot the victim in the hand and had stolen his cellular telephone. On October 12, 2010, a report aired on television stations operated by WAFF, LLC, and Huntsville Broadcasting Corporation, (referred to collectively as "the...
After Remand from the Alabama Supreme Court THOMPSON, Presiding Judge. This court, on February 4, 2011, affirmed the trial court's judgment, without an opinion. 97 So.3d 816 (Ala.Civ.App. 2011) (table). This court's judgment has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte State Farm Mut. Auto. Ins. Co., [Ms. 1100578, September 21, 2012] 108 So.3d 1008 (Ala.2012). In compliance with the Supreme Court's opinion, the judgment of the trial court is...
PITTMAN, Judge. Sean G. Casey ("the former husband") appeals from an order of the Escambia Circuit Court purporting to deny his motion, filed pursuant to Rule 60(b), Ala. R. Civ. P., seeking relief from a default judgment that had been entered against him by that court in postdivorce proceedings involving him and Jonice Dorriety Casey ("the former wife"). Because we conclude that the former husband's appeal has been taken from a void order, we dismiss the appeal with instructions. This is the...
PITTMAN, Judge. In September 2010, Roland Francis Properties, LLC ("RFP"), applied to the Mobile City Planning Commission ("the Commission") for approval of a Planned Unit Development ("PUD") in order to build an apartment complex in Mobile. The Commission approved RFP's application in October 2010. Neighboring property owners, Jeffrey Grizzard and Phil Gabriel ("the PUD opponents"), appealed from the Commission's decision to the Mobile City Council, which upheld the Commission's action on...
BRYAN, Judge. A.J. ("the mother") petitions this court for a writ of mandamus ordering the Cullman Circuit Court ("the trial court") to vacate a pendente lite custody order. We deny the petition. Procedural History On July 20, 2011, J.C. ("the father") filed a petition seeking to adjudicate his paternity of B.L.C. ("the child"), a child born in July 2010. In his petition, the father also requested an award of "primary" custody of the child. The mother filed an answer and a counterclaim for...
