DONALDSON , Judge . Stephen M. Lund and Michael White appeal from a summary judgment entered by the Lauderdale Circuit Court ("the trial court") in favor of William M. Owens d/b/a Tom Jones Insurance Agency ("Owens"). The judgment disposed of White's claims "in their entirety" on the basis that he is not a real party in interest, entered a summary judgment on the fraudulent-misrepresentation and fraudulent-suppression claims asserted by Lund and White, but did not dispose of all the claims...
THOMAS , Judge . Century Automotive Group ("Century"), appeals from a judgment of the Madison Circuit Court ("the trial court") ordering specific performance of a contract instead of awarding money damages. The relevant facts and procedural history are as follows. On June 16, 2009, Century, a corporation that owns a car dealership located in Huntsville, entered into a contract with Structure Designs, LLC ("SD"), for SD to construct and deliver a display for the dealership's showroom....
DONALDSON , Judge . Sara Johnson ("the wife") appeals the Madison Circuit Court's judgment entered on December 17, 2013, divorcing her from Travis Johnson ("the husband") and addressing child-custody and child-support issues. Because the record does not contain a sufficient evidentiary basis to support the judgment, the judgment is reversed and the cause is remanded. The parties were married on February 22, 2009. The husband, through counsel, filed a complaint for a divorce on April 10,...
DONALDSON , Judge . Generally, an appellate court has no jurisdiction to consider an appeal from a nonfinal judgment. Sexton v. Sexton, 42 So.3d 1280 , 1282 (Ala.Civ.App.2010). Joan H. Harley appeals from a judgment of the St. Clair Circuit Court ("the trial court") setting aside certain inter vivos transfers made to her by Floyd Anderson ("Floyd") before his death on the basis that she exerted undue influence on Floyd. Because the order appealed from is not final, we dismiss the appeal....
PITTMAN , Judge . Dalton Logistics ("the employer") petitions for a writ of mandamus directing the Choctaw Circuit Court to grant the employer's motion seeking a summary judgment in a civil action brought against it by Ernest Harold Presley ("the employee") pursuant to the Alabama Workers' Compensation Act, Ala.Code 1975, 25-5-1 et seq. ("the Act"). The employer asserts in that petition that the Act does not apply to the employee's claim, which stems from an injury sustained by the...
After Remand from the Alabama Supreme Court THOMPSON , Presiding Judge . The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Alabama Rivers Alliance, [Ms. 1130393, Sept. 26, 2014] 165 So.3d 597 (Ala.2014). On remand to this court, and in compliance with the supreme court's opinion, the judgment of the trial court is hereby affirmed. AFFIRMED. PITTMAN, THOMAS, and MOORE, JJ., concur. DONALDSON, J., recuses himself.
THOMAS , Judge . The Alabama Department of Revenue ("ADOR") appeals from the Jefferson Circuit Court's denial of ADOR's motion to set aside a default judgment entered in favor of Barry V. Frederick and Brandi B. Frederick on their appeal from an administrative law judge's order upholding ADOR's final assessment of income tax owed by the Fredericks. The Fredericks have moved to dismiss ADOR's appeal, arguing that ADOR failed to timely file its notice of appeal with the trial-court clerk's...
MOORE , Judge . Rickey Smelser appeals from a judgment of the Colbert Circuit Court ("the trial court") awarding L & H Truck Services, LLC, $20,228.75 for certain mechanical work performed by L & H. We reverse. Background L & H is a limited-liability company that is solely owned and managed by Charlie Hummel and that is in the business of repairing "eighteen wheelers." Between January 2011 and April 2012, L & H performed mechanical and repair work on different vehicles and sent invoices...
PER CURIAM . Texas Loss Control Systems, LLC ("TLCS"), has filed a petition seeking a writ of mandamus directing the Houston Circuit Court ("the trial court") to enter a summary judgment in favor TLCS in a wrongful-death action filed by Christy Ruiz. The Alabama Supreme Court transferred the petition to this court; we transfer the petition back to the supreme court for disposition. The materials filed in support of or in opposition to the petition demonstrate the following facts. On July 20,...
THOMAS , Judge . In 2005, the Alabama State Board of Medical Examiners ("the Board") filed an administrative complaint against John Anderson King, D.O., a/k/a Christopher W. Martin, D.O. ("King"). After a hearing before the Medical Licensure Commission of the State of Alabama ("the Commission"), the Commission entered an order reprimanding King. On January 2, 2008, the Board filed a second complaint against King. On September 18, 2008, the Commission entered an order revoking King's license...
MOORE , Judge . Barry Bryant appeals from a summary judgment entered by the Lowndes Circuit Court ("the trial court") in favor of George Hammonds, Jr. On May 30, 2013, Bryant filed a complaint against Hammonds alleging that he was the owner of several cattle; that, on or about October 2012, Hammonds had kept five of Bryant's cattle ("the cattle"); and that Hammonds had retagged the cattle and was claiming the cattle as his own. Bryant asserted that he had demanded that Hammonds return the...
THOMAS , Judge . On October 15, 2012, Richard Salazar, The Heritage Club, Inc. ("the Heritage Club"), and the Private Club, LLC ("the Private Club") filed a complaint against Augustus Tucker in the Madison Circuit Court. (The Heritage Club, Inc., the Private Club, LLC, and Salazar are hereinafter referred to collectively at times as "the plaintiffs"). Salazar was a shareholder in the Private Club, which, after August 15, 2007, owned, at different times, some or all of the stock of the...
MOORE , Judge . Wall to Wall Properties ("Wall") appeals from a judgment of the Madison Circuit Court ("the circuit court") dismissing its petition for a writ of mandamus directed to the Madison Probate Court ("the probate court"). We reverse. Background In a petition for a writ of mandamus filed in the circuit court, and in accompanying affidavits with supporting documentation attached, see Ala.Code 1975, 6-6-640, Wall alleged that it had purchased a parcel of real property ("the...
THOMPSON , Presiding Judge . Albert Tousson, who has appeared pro se throughout the litigation of this matter, filed what purports to be a declaratory-judgment action in the Cullman Circuit Court ("the trial court") against Bradley L. Williams ("Bradley"). The specific claims Tousson alleges in his 63-page complaint, which is interspersed with numerous exhibits, is difficult to discern. The "claims" appear to arise from disputes involving whether Billy Williams ("Billy") agreed to grant...
MOORE , Judge . U.S. Steel Mining Company, LLC ("the employer"), petitions this court to issue a writ of mandamus to the Bessemer Division of the Jefferson Circuit Court ("the trial court") directing that court to set aside its order of May 28, 2014, granting a Rule 60(b), Ala. R. Civ. P., motion filed by counsel representing hundreds of plaintiffs ("the employees") in a workers' compensation case. We deny the petition. On November 12, 2002, the employees filed a complaint against the...
DONALDSON , Judge . The Alabama Workers' Compensation Act ("the Act"), 25-5-1 et seq., Ala.Code 1975, requires an employer to pay for an "other apparatus" that is reasonably necessary for treating an employee's injury resulting from an accident arising out of and in the course of the employment. See 25-5-77(a), Ala.Code 1975. This appeal raises the question whether, under the particular facts of this case, a walk-in bathtub qualifies as an "other apparatus" under the Act. We conclude...
THOMPSON , Presiding Judge . Diamond Scaffold Services Group, Inc. ("Diamond Scaffold"), petitions this court for a writ of mandamus directing the Washington Circuit Court ("the trial court") to set aside an order denying Diamond Scaffold's motion seeking to change venue of the underlying workers' compensation action to Mobile County and to enter an order transferring the action to the Mobile Circuit Court. For the reasons set forth below, we grant the petition and issue the writ. The...
DONALDSON , Judge . This is an appeal from a judgment of the Mobile Juvenile Court ("the juvenile court") regarding custody of a child. The sole issue is whether the juvenile court had subject-matter jurisdiction over the proceedings pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). We hold that the juvenile court had subject-matter jurisdiction, and accordingly, we affirm the judgment. Facts and Procedural History The parties to this appeal are the...
MOORE , Judge . Dolores Owen ("Owen"), individually and as personal representative of the estate of Patricia Owen, deceased, appeals from a summary judgment entered by the Morgan Circuit Court ("the trial court") in favor of Tennessee Valley Printing Company, Inc., d/b/a The Decatur Daily ("TVPC"). We affirm. Procedural History Owen's complaint was originally filed on September 8, 2011; as finally amended, the complaint alleged, in pertinent part, that, on August 31, 2011, Felton Leon...
MOORE , Judge . Deborah Ruth Herzog ("the former wife") appeals from a judgment of the Coffee Circuit Court ("the trial court") modifying the monthly child-support obligation of Kevin P. Stonerook ("the former husband"). The former husband testified that he and the former wife are both service members in the United States Army who were stationed in Hawaii at the time of the entry of their uncontested divorce judgment on September 14, 2009 ("the Hawaii divorce judgment"). According to the...
