On Application for Rehearing THOMAS, Judge. The opinion of September 6, 2013, is withdrawn, and the following is substituted therefor. This is the third time that this case has been before this court. See SouthernCare, Inc. v. Cowart, 48 So.3d 632 (Ala.Civ.App. 2009); Ex parte SouthernCare, Inc. (No. 2071026, August 19, 2008), 30 So.3d 474 (Ala.Civ.App.2008) (table) (denying a petition for the writ of mandamus). In Cowart, we determined that the trial court's June 2008 interim...
MOORE, Judge. In case no. 2120980, Safety-Kleen Systems, Inc., and Safety-Kleen, Inc. (hereinafter referred to collectively as "Safety-Kleen"), seek a writ of mandamus directed to the Barbour Circuit Court ("the circuit court") ordering it, among other things, to vacate its denial of Safety-Kleen's motion to transfer an action — Eufaula Marine Power & Equipment, LLC v. Safety-Kleen Systems, Inc., and Safety-Kleen, Inc. (Barbour Circuit Court, CV-13-900030) ("the Eufaula Marine action") —...
PITTMAN, Judge. Sean G. Casey ("the former husband") appeals from an order of the Escambia Circuit Court 1 denying the former husband's Rule 60(b), Ala. R. Civ. P., motion seeking relief from a default judgment that had been entered against him and in favor of Jonice D. Casey ("the former wife") in postdivorce proceedings. We reverse the trial court's judgment and remand the case with instructions. These parties have previously been before this court. See Casey v. Casey, 85 So.3d 435 (...
After Remand from the Supreme Court THOMPSON , Presiding Judge . The facts of this case, as set forth in an earlier opinion of this court, are as follows: "On December 31, 2009, BAC Home Loans Servicing, LP (hereinafter `BAC'), 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...
THOMPSON, Presiding Judge. This is the second time these parties have been before this court. Kraz, L.L.C., Rubina K. Gillani, and Zahra A. Shroff ("the plaintiffs") filed an action against Phillip Holliman, Bonnie Holliman, Patty Snell & Associates, L.L.C. ("Snell & Associates"), Billy Cook, West Alabama Insured Titles, L.L.C. ("West Alabama"), Memory Ashford, and certain fictitiously named defendants on May 20, 2011. In their complaint, the plaintiffs made the following pertinent allegations....
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. See Ex parte Christopher, [Ms. 1120387, Oct. 4, 2013] 145 So.3d 60 (Ala.2013). On remand to this court, and in compliance with the supreme court's opinion, we hereby reverse the trial court's judgment and remand the cause for further proceedings, including the entry of an order allowing Carolyn Sue Christopher to "recover...
THOMPSON, Presiding Judge. M.F. appeals from a judgment of the Butler Circuit Court ("the trial court") vacating a December 1, 2008, judgment ("the 2008 judgment") of the Butler Juvenile Court ("the juvenile court") on the ground that the juvenile court did not have subject-matter jurisdiction. The trial court's judgment also ordered M.F. to relinquish custody of T.P. ("the child") to W.W. ("the father") after a two-month "transition" period. M.F. is not the child's mother; from the record, we...
DONALDSON, Judge. Ethel L. Hooks ("Hooks"), individually and on behalf of her four minor children, Roger J. Hooks, Jr., Johnathan 1 Hooks, Jordan Woodyard, and Janae Woodyard (collectively the "the Hookses"), appeals from a summary judgment entered in favor of Joseph D. Pettaway ("Pettaway"). We affirm the judgment as to those issues properly raised by Pettaway in his motion for a summary judgment and for which the burden shifted to Hooks to present substantial, admissible evidence in...
DONALDSON, Judge. Sabrina Gail Walker ("the wife") appeals from a divorce judgment of the DeKalb Circuit Court ("the trial court"), entered pursuant to a purported agreement between the wife and Steve Allen Walker ("the husband"), and from the denial of the wife's postjudgment motion for a new trial or to alter, amend, vacate, or clarify the judgment. Because we hold that the parties failed to reach an enforceable agreement, we reverse and remand. Facts and Procedural History The wife filed...
PITTMAN, Judge. Alfa Mutual Insurance Company ("the insurer") petitions 1 for a writ of mandamus directed to the Macon Circuit Court directing that court to transfer, pursuant to the authority conferred in Ala.Code 1975, 6-3-21.1, a civil action filed by Willie L. Kirk, Jr. ("the insured"), from that court to the Lee Circuit Court. We grant the petition. The attachments to the insurer's petition and the insured's response indicate the following pertinent facts. The insured filed a single-...
PER CURIAM. In September 2011, P.A.F. ("the paternal grandmother") filed petitions seeking to have her two granddaughters (hereinafter "the children") declared dependent. The record indicates that the children's father is deceased. In her dependency petitions, the paternal grandmother alleged that A.T. ("the mother") was abusing illegal substances. In October 2011, the Jefferson County Department of Human Resources ("DHR") filed dependency petitions pertaining to the children. Later in...
THOMPSON, Presiding Judge. Evan J. Wolfe and Kelly M. Wolfe defaulted on a mortgage securing a promissory note on their house. JPMorgan Chase Bank, N.A. ("Chase"), a lienholder, was the successful bidder at a February 10, 2010, foreclosure sale of the house. Regions Bank ("Regions"), another lienholder, redeemed the property from Chase and subsequently filed an ejectment action against the Wolfes in the Mobile Circuit Court ("the trial court"). On March 10, 2011, the trial court entered a...
THOMPSON, Presiding Judge. In 2011, the City of Center Point ("the city") sought to have the Alabama Legislature pass an act authorizing the city to use cameras for what it characterized as "automated civil enforcement" of certain traffic violations, including speeding and failure to stop at stop lights or stop signs. In response, the legislature enacted Act No. 2011-580, Ala. Acts 2011 (hereinafter "the Act"). Subsequently, the city's city council enacted an ordinance incorporating the...
THOMAS, Judge. On October 28, 2011, Kathy K. Torbert filed a petition for a declaratory ruling pursuant to Ala.Code 1975, 41-22-11(a), with the Alabama Department of Public Health ("ADPH"), seeking an interpretation of certain of ADPH's rules governing solid-waste collection and transportation facilities. Specifically, Torbert sought a ruling on the application of Ala. Admin. Code (ADPH) r. 420-3-5-.12(2)(a)2., and the starting and ending point of measurement for the 500-foot buffer zone the...
THOMPSON , Presiding Judge . Tuscaloosa Resources, Inc. ("TRI"), appeals from a judgment of the Tuscaloosa Circuit Court ("the trial court") dismissing TRI's appeal of a decision of the Environmental Management Commission ("the Commission") of the Alabama Department of Environmental Management ("ADEM"). The procedural history relevant to this appeal is as follows. TRI sought a water-pollution permit from ADEM. The Alabama Rivers Alliance and Friends of Hurricane Creek (hereinafter referred...
MOORE, Judge. Macon County ("the County") and the Macon County Commission ("the Commission") appeal from the denial of their joint motions to compel arbitration of the claims asserted against them by Brittany Murphy, Willie L. Buchanna, Jr., Willie Cole, Reginald Huffman, Michael Johnson, Jeffery McKinstry, Levi Moore, Edward Stinson, Erik Whitlow, and Celeste Garrett (hereinafter referred to collectively as "the plaintiffs"). 1 We reverse. Background On January 14, 2010, the plaintiffs...
PER CURIAM. Carolyn Malone appeals a June 11, 2012, judgment that awarded her workers' compensation benefits but also allowed her employer, Steelcase, Inc. ("Steelcase"), to offset the award by certain amounts it had paid in salary to Malone after her injury. The issue presented to the court is solely one of law. Accordingly, we quote a portion of the trial court's judgment for a recitation of the pertinent facts, as well as the trial court's factual determinations and legal conclusions: "...
MOORE, Judge. C.C., the paternal grandfather of L.L. ("the child"), appeals from a judgment of the Talladega Juvenile Court ("the juvenile court") denying his dependency petition. We affirm the juvenile court's determination that the child is not dependent and remand the cause for the juvenile court to dismiss the paternal grandfather's petition. Background S.L., the mother, gave birth to the child either in June 2000 or in June 2001. 1 The mother is incarcerated, and although T.C., the...
MOORE, Judge. The Alabama Department of Labor ("the department"), formerly known as the Alabama Department of Industrial Relations, 1 appeals from a judgment of the Jefferson Circuit Court ("the circuit court") remanding to the department for its consideration the claim for unemployment-compensation benefits filed by Rickell Grayson. We reverse. The evidence submitted to the circuit court indicates that Grayson filed a claim for unemployment-compensation benefits with the department's...
PITTMAN, Judge. AFFIRMED. NO OPINION. See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Ex parte BE & K Constr. Co., 728 So.2d 621 , 624 (Ala.1998); Shiver v. Butler Cnty. Bd. of Educ., 797 So.2d 1086 , 1089 (Ala.Civ.App.2000); Speed v. Speed, 341 So.2d 156 , 159 (Ala.Civ.App.1976); County of Wayne v. City of Detroit, 233 Mich.App. 275 , 277, 590 N.W.2d 619 , 620-21 (1998); People ex rel. MacMullan v. Babcock, 38 Mich.App. 336 , 348 n. 4, 196 N.W.2d 489 , 495 n. 4 (1972); and...
