MOORE, Judge. Minor Child "A," by and through her mother F.P.J., appeals from a summary judgment entered by the Mobile Circuit Court ("the trial court"). We dismiss the appeal. On October 22, 2010, F.P.J., appearing pro se, filed a complaint in the trial court, naming "Minor Child `A'" as the plaintiff and "USA Womens' and Children Hospital" ("the hospital") as the defendant. The complaint alleged that Minor Child "A" ("the child") had suffered damages as a result of the negligence of the...
MOORE, Judge. Kenneth Deroy Holder ("the husband") appeals from a divorce judgment entered by the Pickens Circuit Court ("the trial court"). We affirm in part and reverse in part. Procedural History On June 22, 2010, Lexa Boyd Holder ("the wife") filed a complaint for a divorce from the husband. On August 10, 2010, the husband answered and counterclaimed for a divorce. On September 23, 2010, the wife filed a reply to the husband's counterclaim. On February 4, 2011, the parties and their...
THOMPSON , Presiding Judge . On December 31, 2009, BAC Home Loans Servicing, LP (hereinafter "BAC"), 1 filed a complaint in ejectment against Bessie T. Sturdivant. Specifically, BAC alleged that it had sold at foreclosure certain property pursuant to the terms of a mortgage executed by Sturdivant, that it had purchased the property at the foreclosure sale, and that Sturdivant had failed to surrender possession of the property. Sturdivant answered and denied the material allegations of...
THOMPSON, Presiding Judge. Sandra Maiden appeals from a judgment of the Jefferson Circuit Court denying her motion to set aside a default judgment the court had entered in favor of the Federal National Mortgage Association ("FNMA"). For the reasons set forth herein, we reverse the trial court's judgment. This is the second time this case has been before this court. See Maiden v. Federal Nat'l Mortg. Ass'n, 69 So.3d 860 (Ala.Civ.App.2011). In the opinion issued in the first appeal, we set...
PER CURIAM. L.M. ("the father") and J.K. ("the mother") separately appeal from a judgment entered by the Shelby Juvenile Court ("the juvenile court") that terminated their parental rights to their three children ("the children") 1 . This court, ex mero motu, consolidated the appeals. For the reasons set forth in this opinion, we reverse the juvenile court's judgment. Background and Procedural History The record reveals that the children were first removed from the custody of the mother...
PITTMAN, Judge. Vestlake Communities Property Owners' Association, Inc., and Liberty Park Master Owners' Association (hereinafter collectively referred to as "the Association") 1 ; as well as the Liberty Park Architectural Review Committee ("the ARC"), appealed from an order of the Jefferson Circuit Court denying their request for permanent injunctive relief against homeowners Ronald T. Moon and Sarah P. Moon based on the Moons' alleged violation of a restrictive covenant applicable to their...
BRYAN, Judge. Shirley Denise Turner ("Shirley") appeals from a judgment in favor of Carl Angelo Green ("Carl"). We dismiss the appeal. On January 14, 2009, Carl, acting pro se, sued Shirley, who is one of Carl's siblings, in the Etowah Circuit Court ("the trial court"). Carl's complaint alleged that his and Shirley's deceased mother, Helen Aurtmishell Green ("Helen"), had devised a parcel of real property located in Etowah County ("the property") to him in her will ("the will"), that the will...
BRYAN, Judge. Janice V. Lowe ("the former wife") appeals from a judgment entered by the Jefferson Circuit Court ("the trial court") that modified custody of two children who were born during her marriage to Courtney M. Lowe ("the former husband") and that denied her request for an award of an alimony arrearage. The record on appeal reveals that the parties were divorced by the Talladega Circuit Court in November 2004. Pursuant to the divorce judgment, which incorporated an agreement of the...
MOORE, Judge. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(D & F), Ala. R.App. P.; Rule 701, Ala. R. Evid.; Ala. Code 1975, 30-3-169.3 and 30-3-169.4; Ex parte Foley, 864 So.2d 1094 , 1099 (Ala. 2003); Adams v. Adams, 21 So.3d 1247 , 1252 (Ala.Civ.App.2009); Cheek v. Dyess, 1 So.3d 1025 , 1029 (Ala.Civ.App.2007); T.J.H. v. S.N.F., 960 So.2d 669 , 673 (Ala. Civ.App.2006); Leonard v. Leonard, 479 So.2d 1279 , 1281 (Ala.Civ.App.1985); and Newsome v. State, 570 So.2d...
On Application for Rehearing THOMPSON, Presiding Judge. The opinion of September 23, 2011, is withdrawn, and the following substituted therefor. On February 2, 2010, Mac.M. ("the maternal grandfather") and Mar.M. ("the maternal grandmother") filed a petition alleging that A.J.C. ("the child") was dependent as a result of the drug use of the child's parents, J.D.C. ("the mother") and T.C. ("the father"). The maternal grandparents sought an award of custody of the child and an award of...
PER CURIAM. Carol Mahoney ("Mahoney") appeals from a judgment of the Baldwin Circuit Court awarding her $500 as an attorney fee and costs pursuant to the Alabama Litigation Accountability Act, 12-19-270 et seq., Ala.Code 1975 ("ALAA"). We reverse and remand. This is the fourth time these parties have been before this court. In Mahoney v. Loma Alta Property Owners Ass'n, 72 So.3d 649 (Ala.Civ.App.2011) (" Mahoney III "), we set out the factual and procedural history of the case and the...
MOORE, Judge. Ocean Reef Developers II, LLC ("Ocean Reef"), the defendant in an action pending in the Etowah Circuit Court ("the Alabama trial court"), petitions for a writ of mandamus directing the Alabama trial court to set aside its order denying Ocean Reef's motion to dismiss and to enter an order dismissing Michael Maddox's complaint against Ocean Reef. For the reasons discussed below, we grant the petition. Facts and Procedural History On March 28, 2005, Maddox, an Alabama resident,...
BRYAN, Judge. Gary Harrison and Patsy Harrison appeal from a summary judgment in favor of Family Home Builders, LLC ("FHB"). We affirm in part, reverse in part, and remand. Factual Background and Procedural History On January 5, 2007, the Harrisons and FHB entered into a written contract ("the contract") in which FHB agreed to perform remodeling and construction work ("the work") on the Harrisons' existing house in Lauderdale County. FHB began the work; however, on May 4, 2007, the...
PITTMAN, Judge. Angeline Caudell Glass sued Robert L. Martin, alleging that Martin, while logging on property adjacent to hers, had intentionally trespassed on her land and cut her timber. The complaint, which sought compensatory and punitive damages, stated a single claim of trespass. There were no claims alleging conversion or seeking statutory penalties pursuant to Ala.Code 1975, 35-14-1. Martin denied the allegations of the complaint, and the case proceeded to a bench trial. Glass...
On Application for Rehearing THOMPSON, Presiding Judge. The opinion of August 12, 2011, is withdrawn, and the following is substituted therefor. Robert McDaniel and Shirley McDaniel ("the McDaniels") appeal from a judgment entered by the Madison Circuit Court in favor of Harleysville Mutual Insurance Company ("Harleysville"). For the reasons stated herein, we reverse that judgment and remand the cause for further proceedings. On August 31, 2010, the McDaniels filed an action against...
THOMPSON, Presiding Judge. Casey E. Lewis appeals from a summary judgment entered by the Mobile Circuit Court in favor of Alabama Power Company ("APCo") on claims of negligence and wantonness arising out of an accident Lewis suffered while working at an APCo plant. For the reasons stated herein, we reverse that judgment and remand the cause for further proceedings. The evidence submitted in support of and in opposition to APCo's summary-judgment motion, considered in the light most favorable...
BRYAN, Judge. James Carnes ("the husband") appeals from a judgment entered by the Fayette Circuit Court ("the trial court") that divorced him from Mary Elizabeth Carnes ("the wife") insofar as it entered a permanent restraining order against him, divided the parties' property and debts, and refused to find the wife guilty of contempt. The wife filed a complaint for a divorce on May 23, 2008. In her complaint, the wife alleged that the parties were married on June 24, 2006, and that no...
PER CURIAM. M.B. Canton Company, Inc. ("Canton"), appeals from a summary judgment of the Mobile Circuit Court in favor of the Board of Adjustment of the City of Mobile ("the Board"). We affirm. Facts and Procedural History Canton owns a parcel of real property that is next to a parcel of real property owned by Scott Callahan and Jacqui Callahan. One of the structures on the Callahan property was a pool house, which was also partially situated on the Canton property, pursuant to an...
THOMAS, Judge. Pediatrics by the Bay ("PBB") appeals from a judgment of the Baldwin Circuit Court ("the trial court") in favor of EMD Solutions, Inc. ("EMD"). We dismiss the appeal in part and affirm the judgment in part. On April 13, 2009, EMD filed a complaint in the Baldwin District Court ("the district court") seeking to collect $7,269.64 from PBB on a past-due account for services it had rendered. PBB answered and counterclaimed, alleging breach of contract and fraud. EMD filed a motion...
MOORE, Judge. Michael A. Williams petitions this court for a writ of mandamus directing the Dallas Circuit Court ("the circuit court") to dismiss an unlawful-detainer action filed by the Selma Housing Authority ("the Authority"). We grant the petition and issue the writ. Procedural History On July 14, 2010, the Authority filed in the Dallas District Court ("the district court") a complaint alleging an unlawful-detainer claim against Williams. The complaint was signed by Lola B. Rogers, 1...
