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...
THOMAS , Judge . This is the second time Denise M. Williams ("the wife") and John R. Williams ("the husband") have been before this court. See Williams v. Williams, [Ms. 2130615, Nov. 14, 2014] ___ So.3d ___, ___ (Ala.Civ.App.2014)(" Williams I "). In Williams I we considered the propriety of the Elmore Circuit Court's partial summary judgment on the issue of the validity of the parties' prenuptial agreement and whether the partial summary judgment had been properly certified as final...
THOMAS , Judge . In December 2006, Michael C. Traffanstedt entered into an agreement to settle a workers' compensation claim against his employer, Dover Corporation d/b/a Heil Corporation ("Heil") ("the 2006 settlement agreement"). The 2006 settlement agreement provided that future medical benefits would be left open. In 2011, Traffanstedt and Heil entered into a settlement agreement as to his future medical benefits ("the 2011 settlement agreement"), which was submitted to the trial court...
THOMAS , Judge . On June 30, 2014, the Calhoun Circuit Court ("the trial court") entered a summary judgment in favor of Sylvia Curry, Loretta Cuthbert, and Letitia Clark (hereinafter collectively referred to as "the plaintiffs") on their claims against Ron Gibson and Ron Gibson Construction Company (hereinafter collectively referred to as "Gibson"). 1 Gibson filed a postjudgment motion directed to the summary judgment on July 29, 2014. After a status review, the trial court entered on...
DONALDSON , Judge . These appeals relate to proceedings arising from requests by health-care providers to build an inpatient physical-rehabilitation hospital in Shelby County. The requests were addressed separately in administrative proceedings and in the Montgomery Circuit Court ("the trial court"). The appeals from the judgments entered by the trial court were consolidated by this court. The complex, frustrating, and costly procedural histories of these appeals arise from an...
PER CURIAM . Willie Jerome Davis ("the husband") appeals from a judgment ("the divorce judgment") of the Elmore Circuit Court ("the trial court") divorcing him from LaQuana Vonsha Davis ("the wife") and dividing their marital assets. This court assigned that appeal case no. 2130821. The husband also appeals from the trial court's subsequent order entered in the divorce action that, among other things, directed the wife to pay attorney Jerry M. Blevins an attorney fee for legal services he...
DONALDSON , Judge . This case stems from a dispute regarding an unpaid invoice of $14,055 sent by Diamond Concrete & Slabs, LLC ("Diamond"), seeking payment from Southern Structures Corporation ("Southern") and the Andalusia-Opp Airport Authority, which is now known as the South Alabama Regional Airport Authority ("the Airport Authority"). Diamond also sought, among other things, an award of attorney fees pursuant to 8-29-1 et seq., Ala.Code 1975 ("the Prompt Pay Act," also referred to as...
PITTMAN , Judge . Robert N. Barrett and Tracy C. Barrett appeal from summary judgments entered by the Madison Circuit Court in favor of Carlos Roman d/b/a Carlos Roman Roofing ("Roman") and Bobby Beach d/b/a Just Brick It Masonry ("Beach"). We affirm. I. Facts and Procedural History This is the second time this case has been on appeal. Our supreme court dismissed the first appeal as having been taken from a nonfinal order. See Barrett v. Roman, 143 So.3d 144 (Ala.2013). On remand,...
PITTMAN , Judge . W.G. Waldrop appeals from a ruling entered by the Walker Circuit Court on a postjudgment motion filed by Steve Evans, pursuant to Rule 59, Ala. R. Civ. P. We dismiss the appeal as having been taken from a nonfinal judgment. In 1999, Evans leased from Waldrop a piece of commercial real property located in Curry. The lease term was five years, commencing on April 1, 1999, and ending on March 1, 2004. Evans stopped paying rent in April 2000. Accordingly, in August 2001,...
MOORE , Judge . J.C.D. ("the father") appeals from a judgment of the Lauderdale Juvenile Court ("the juvenile court") terminating his parental rights to A.G.D. and A.J.D. ("the children"). We reverse. Procedural History On July 27, 2012, Jeffrey B. Austin, the guardian ad litem for the children, filed separate petitions — one as to each child — seeking to terminate the parental rights of S.B. ("the mother") and the father. 1 The juvenile court later joined the Lauderdale County...
PER CURIAM . Cory Mack ("the husband") appeals from a judgment of the Montgomery Circuit Court divorcing him from Maritza Mack ("the wife") insofar as it determined that he is estopped by an affidavit he signed on August 24, 2009, from denying his paternity of E.M., a boy to whom the wife had given birth in March 2005. We reverse and remand with instructions. The material facts are undisputed. The wife did not meet the husband until sometime in 2007, approximately one and one-half years...
After Remand from the Alabama Supreme Court MOORE , Judge . The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Hanvey, [Ms. 1131235, Jan. 30, 2015] 179 So.3d 135 (Ala.2015). On remand to this court, and in compliance with the supreme court's opinion, the judgment of the trial court is hereby affirmed. AFFIRMED. THOMPSON, P.J., and PITTMAN, THOMAS, and DONALDSON, JJ., concur.
DONALDSON , Judge . On March 1, 2013, Linda A. Miller and Laymon Miller filed a complaint in the Mobile Circuit Court ("the trial court") against Alfa Auto Sales, L.L.C., Alfa Automotive, L.L.C., Moe Al Sheikh, and Jamal Alshaikh (hereinafter referred to collectively as "the Alfa defendants") and against American Credit Acceptance, L.L.C. ("American Credit"). In the complaint, the Millers alleged, among other things, that they had negotiated with Alshaikh, a salesperson employed by Alfa...
THOMAS , Judge . Robert Andrew Bradford ("the father") appeals from a judgment of the Tallapoosa Circuit Court awarding custody of the parties' child ("the child") to Jenny Lynne Fuller ("the mother"). The only issue raised on appeal is whether the Tallapoosa Circuit Court had subject-matter jurisdiction over the childcustody proceedings pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act ("the UCCJEA"), codified at 30-3B-101 et seq., Ala.Code 1975; therefore, a...
PITTMAN , Judge . Greenwood Bible Deliverance Church, Inc., appeals from a summary judgment entered by the Baldwin Circuit Court ("the trial court") in favor of Betty Ard and Irene Sonier. We dismiss the appeal for lack of subject-matter jurisdiction. On May 17, 2012, Ard and Sonier filed a complaint in the trial court. The only defendant named in the complaint was a corporation identified as "Greenwood Bible Deliverance Church, Inc.," which, according to the complaint, was formed in...
DONALDSON , Judge . Generally, an appeal may be taken only from a final judgment. See 12-22-2, Ala.Code 1975. In this case, an appeal was taken from an order entered by the Elmore Circuit Court ("the trial court") that is not final because the trial court has not ruled on all the claims asserted in proceedings seeking modification of a divorce judgment. Accordingly, we dismiss the appeal. Ashley Michelle Whatley ("the mother") and Michael James Howe ("the father") were divorced by a...
THOMPSON , Presiding Judge . Coldwater Holdings, LLC ("Coldwater"), filed a complaint alleging that it held title to certain real property of which John Robbins ("John") and Ruby Robbins ("Ruby") had possession. In its complaint, Coldwater sought a writ of possession, an award of rent for John and Ruby's use of the property since the date Coldwater made a demand for possession of the property, an award of damages for any injury to the property, and an award of an attorney fee. John and Ruby...
DONALDSON , Judge . The City of Thomasville ("the City") appeals from a judgment entered in favor of its former employee Calvin Tate by the Clarke Circuit Court ("the trial court") awarding Tate benefits he claimed under the Alabama Workers' Compensation Act ("the Act"), 25-5-1 et seq., Ala.Code 1975. The trial court concluded that Tate's injuries arose out of and occurred in the course of his employment with the City; appointed a new authorized treating physician for Tate; and awarded...
