MURDOCK , Justice . We granted the petition for a writ of certiorari of BASF Construction Chemicals, LLC ("BASF"), 1 in this action filed by Edward Wayne Crabtree and Jeannie West Crabtree to consider several issues raised by BASF regarding the decision of the Court of Civil Appeals to reverse the trial court's summary judgment in favor of BASF as to the Crabtrees' claims against BASF. We reverse the judgment of the Court of Civil Appeals. I. Facts and Procedural History Edward Crabtree...
BOLIN, Justice. Chad Jones petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to vacate its order denying his motion for a summary judgment in an action filed against him by Latonya Hall, individually and as mother and next friend of Demetrius Hall, a minor, and Maurice Caffie, individually (hereinafter collectively referred to as "Hall"), and to enter a summary judgment in his favor on the basis of State-agent immunity. We deny the petition. Facts and...
PER CURIAM. 1120298 — WRIT QUASHED. NO OPINION. 1120530 — WRIT QUASHED. NO OPINION. STUART, BOLIN, PARKER, SHAW, and MAIN, JJ., concur. MOORE, C.J., and MURDOCK, J., dissent. BRYAN, J., recuses himself. * MOORE, Chief Justice (dissenting). Larry Heath Miller was awarded attorney fees from Robert Baker and Sheila Baker and Kenneth Cooper and Barbara Cooper after the Bakers and the Coopers intervened in a dispute between Miller and his wife during divorce proceedings concerning custody of...
STUART, Justice. 1 Cavalier Manufacturing, Inc. ("Cavalier"), appeals the order of the Wilcox Circuit Court denying Cavalier's motion to alter, amend, or vacate an arbitration award entered in favor of Janie Gant. We affirm. I. On March 25, 2003, Gant purchased a mobile home manufactured by Cavalier ("the mobile home") from Demopolis Home Center, L.L.C. ("DHC"), for $47,379. At the time of purchase, Gant and representatives of Cavalier and DHC executed an alternative-dispute-resolution...
MURDOCK, Justice. Parker Towing Company, Inc. ("Parker Towing"), appeals from a judgment of the Clarke Circuit Court denying Parker Towing's cross-claim for indemnity from Triangle Aggregates, Inc. ("Triangle"). We affirm the judgment in part and reverse it in part. I. Facts and Procedural History Parker Towing owned a 40-acre parcel of property in Clarke County, which it mined for sand and gravel. Parker Towing's property is adjacent to property owned by Betty Jo Haynie, Wynona Belle G....
STUART, Justice. 1 Gambro Renal Products, Inc. ("Gambro"), hired The Facility Group, Inc. ("TFG"), as the general contractor for the construction of a facility designed to produce kidney dialysis filters in Opelika ("the project"). TFG contracted with the Hardy Corporation ("Hardy") for specialized piping work on the project. Absolute Welding Services, Inc. ("AWS"), is a subsidiary of Rayco Industrial, Inc. ("Rayco"), a sub-subcontractor hired by Hardy. Although the negotiations on the...
MAIN , Justice . Patricia Working, Rick Erdemir, and Floyd McGinnis ("the Working plaintiffs") appeal from a judgment entered by the Jefferson Circuit Court holding that the Jefferson County Election Commission ("the JCEC"), Probate Judge Alan King, Circuit Clerk Anne-Marie Adams, and Jefferson County Sheriff Mike Hale (hereinafter collectively referred to as "the JCEC defendants") are immune from liability as to the plaintiffs' attorney fees. We affirm in part and remand the case to the...
SHAW , Justice . In these consolidated appeals, Pensacola Motor Sales, Inc., d/b/a Bob Tyler Toyota ("BTT"), one of two named defendants below, appeals in case no. 1110840 from a judgment entered on a jury verdict in favor of Daphne Automotive, LLC, d/b/a Eastern Shore Toyota ("EST"), and Shawn Esfahani, the plaintiffs below, on the plaintiffs' claims seeking damages for slander. In case no. 1110857, Fred Keener, an employee of BTT and a codefendant, similarly appeals from the judgment...
MURDOCK, Justice. The Alabama Department of Transportation ("ALDOT") and its director John R. Cooper petition this Court for a writ of mandamus directing the Montgomery Circuit Court to vacate its order denying their motion to dismiss all claims filed against them by Asphalt Contractors, Inc. ("ACI"). We grant the petition in part and deny it in part. I. Facts and Procedural History Most of the factual background is succinctly explained in ACI's original complaint. "1. Trichloroethylene (`...
STUART, Justice. Afassco, Inc., a Nevada-based distributor of medical and safety equipment, appeals the judgment of the Houston Circuit Court holding that a judgment Afassco obtained in a Nevada state court against former Afassco employee Comer Ladon Sanders, an Alabama resident, was void because the Nevada court lacked personal jurisdiction over Sanders. We reverse and remand. I. In early 2005, Sanders responded to an advertisement in the Dothan Eagle placed by Afassco seeking a sales...
BOLIN, Justice. Del Marsh, Gerald Dial, Jay Love, and Chad Fincher (hereinafter collectively referred to as "the defendants") were members of the Alabama Legislature during its 2013 Regular Session. The defendants seek a writ of mandamus ordering the Montgomery Circuit Court to set aside its order denying their motion to dismiss an action against them filed by Lynn Pettway and to enter an order granting the motion. Facts and Procedural History The Alabama House of Representatives approved...
MURDOCK, Justice. Robert N. Barrett and Tracy C. Barrett appeal from two summary judgments in favor of Carlos Roman d/b/a Carlos Roman Roofing ("Roman") and Bobby Beach d/b/a Just Brick Masonry ("Beach") on all of the Barretts' claims against Roman and Beach. We dismiss the appeal. Facts and Procedural History In 2006, Jonathan Whitten and his family were looking to buy a new house in Huntsville. Whitten's friend, Robert Fugate, convinced Whitten to build a new house in the Ledges...
SHAW, Justice. WRIT DENIED. NO OPINION. STUART, BOLIN, PARKER, MURDOCK, and MAIN, JJ., concur. MOORE, C.J., and WISE, J., dissent. BRYAN, J., recuses himself. * MOORE, Chief Justice (dissenting). I respectfully dissent from the Court's decision to deny J.C.'s petition for the writ of certiorari. Three years ago, the Court of Civil Appeals, in considering another issue, noted that if the issue was whether "the Alabama [Department of Human Resources] and the Macon County [Department of...
PARKER, Justice. Alabama Powersport Auction, LLC ("APA"), filed a permissive appeal, pursuant to Rule 5, Ala. R.App. P., from an order of the Limestone Circuit Court denying APA's motion for a summary judgment in an action filed by James Wiese, as father of Matthew Hunter Wiese ("Matthew"), a minor, deceased, against APA. We affirm the circuit court's judgment in part, reverse it in part, and remand the cause for proceedings consistent with this opinion. Facts and Procedural History The...
STUART , Justice . Ligon Capital, LLC ("Ligon"), and its subsidiary HTI Hydraulic Technologies, LLC ("HTI"), sued CNH America, LLC ("CNH"), in the Jefferson Circuit Court, asserting breach-of-contract, fraudulent-misrepresentation, and fraudulent-suppression claims stemming from CNH's decision to stop using HTI as a supplier of hydraulic cylinders. Following a two-week trial, the jury returned a verdict in favor of Ligon and HTI on their fraudulent-suppression claims, awarding them $3.8...
PARKER, Justice. Jerome Coleman and the City of Birmingham ("the City") (hereinafter collectively referred to as "the petitioners") petition this Court for a writ of mandamus directing the Jefferson Circuit Court ("the circuit court") to vacate its judgment denying the petitioners' motion for a summary judgment and to enter a judgment in their favor based on State-agent immunity. We grant the petition and issue the writ. Facts and Procedural History The facts are undisputed. Coleman is...
WISE, Justice. PETITION DISMISSED. NO OPINION. MOORE, C.J., and STUART, BOLIN, PARKER, MURDOCK, MAIN, and BRYAN, JJ., concur. SHAW, J., dissents. SHAW, Justice (dissenting). Steven Ray Parnell sued Opie Earl Sullivan seeking damages for injuries he alleges were caused by Sullivan's negligence and wantonness in causing a motor-vehicle accident. In the course of discovery, Parnell filed interrogatories and requests for production seeking information regarding, among other things, whether...
MURDOCK, Justice. The City of Bessemer ("the City") and Bessemer City Councillors Jimmy Stephens, Dorothy Davidson, Sarah W. Belcher, and Albert Soles ("the City councillors") petition this Court for a writ of mandamus directing the Jefferson Circuit Court to dismiss a claim alleging bad-faith failure to pay legal bills and costs stemming from a complaint filed by former City Councillor Louise Alexander and the law firm of White, Arnold & Dowd, P.C. ("WAD"). The City councillors also petition...
SHAW, Justice. Pavilion Development, L.L.C. ("Pavilion"), the plaintiff in this action seeking to redeem certain foreclosed real property, challenges the trial court's judgment assessing the "lawful charges" due the various parties holding a legal interest in the property. See 6-5-252, Ala.Code 1975 ("Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her...."...
STUART, Justice. On August 8, 2010, George Patrick Stacey and Innovative Treasury Systems, Inc. ("I.T.S."), filed a complaint in the Baldwin Circuit Court against Anthony Lee Peed. 1 Stacey and I.T.S. alleged that Peed owed them $161,365.78 plus interest based upon three claims asserted in the complaint — breach of contract, account stated, and money lent. Peed answered the complaint, denying that he was indebted to Stacey and I.T.S., claiming that Stacey and I.T.S. had failed to state a...
