Justia Civil Procedure Opinion Summaries

The City of Gulf Shores ("the City") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Baldwin Circuit Court to dismiss tort claims brought against the City. The City contended the claims were barred by the recreational-use statutes found at 35-15-1 et seq., Ala. Code 1975. In June 2018, Sophia Paulinelli (minor) was injured while walking on a wooden boardwalk owned by the City. The boardwalk ran over beach property and allowed pedestrians to access the public beach. In addition to owning the boardwalk, the City owned the beach property on which the boardwalk sat. Sophia was walking on the boardwalk behind a man when the man stepped on a board, causing the board to spring up from the boardwalk. The dislodged board had a screw protruding from it, and the board and screw fell on Sophia's foot, impaling the screw in her big toe. In May 2019, Sophia's father, Ronald Paulinelli, sued the City and fictitiously named defendants claiming negligence and wantonness. The City moved for summary judgment, arguing it was entitled to immunity under the recreational-use statues. Two precedential cases were central to Ronald's argument the City was not entitled to immunity. The Supreme Court found nothing in the record that the City ever presented to the circuit court the arguments that it presented to the Supreme Court regarding the applicability of those decisions. Accordingly, the Court did not consider those arguments, and denied the City's petition. The Court expressed no opinion regarding the merits of Ronald's claims; rather the Court's decision was based on the City's failure to preserve key arguments before the circuit court. View "Ex parte City of Gulf Shores." on Justia Law

Plaintiffs Galvanizers, Inc., and K and K Construction and Repair, Inc., appealed the dismissal of their action against Paul Kautzman seeking to quiet title to real property. Plaintiffs argued the district court erred in dismissing their quiet title action and failed to make sufficient findings to understand the evidentiary and theoretical basis for its decision. After review of the trial court record, the North Dakota Supreme Court affirmed, concluding the court’s findings were sufficient to support its decision dismissing plaintiffs’ complaint. View "Galvanizers, et al. v. Kautzman, et al." on Justia Law

This action concerned a piece of property in Rancho Mirage. At one time, the owners of record were Val Janelunas and his father, Joseph Janelunas, as joint tenants; however, Joseph died, leaving Val as sole owner. Thereafter, Val died. Plaintiff Douglas Humphrey asserted a claim to the property; he filed this action to quiet title to it, and he filed a lis pendens. He served process by publication. None of the named defendants (including Val Janelunas’s heirs) responded. At Humphrey’s request, the trial court entered their default. Thereafter, Peter Bewley became the administrator of Val Janelunas’s estate. He filed a motion to intervene, so he could move to expunge the lis pendens. In response, Humphrey withdrew the lis pendens; the trial court then denied the motion to intervene as moot. Bewley proceeded to sell the property. Humphrey filed a request for a prove-up hearing and a default judgment, to which Bewley objectied. The trial court, on its own motion, quashed the service by publication and vacated the default. Humphrey appealed, contending: (1) service by publication was proper, therefore the trial court erred in quashing service, vacating the default and failing to hold a prove-up hearing; (2) the trial court should not have quashed service as to Val Janelunas’ heirs because Bewley made a general appearance; and (3) the trial court erred in setting aside the default on its own motion because Bewley’s request to have to set aside was untimely. In the published portion of its opinion, the Court of Appeal held the trial court’s order granting the motion to quash was appealable, and in such an appeal the Court could also review its order vacating the default. The Court also held Humphrey did not properly effect service by publication because the notices that he published specified the property only by assessor’s parcel number (APN) and not by either legal description or street address. However, the Court held Bewley made a general appearance. Accordingly, the trial court erred by quashing service on Bewley, but not by quashing service on other parties who had not appeared nor by vacating the default. In the unpublished portion of its opinion, the Court rejected all other contentions raised. View "Humphrey v. Bewley" on Justia Law

Norma Peinhardt and Larry Todd, who sought to sell real property and a divide of the sale proceeds, appealed a trial court's grant of summary judgment entered against them and in favor of Louise Peinhardt and Amelia Peinhardt. The property at issue was originally owned by Louis Peinhardt, who died in 1964. Louis had three children by his first wife Emma: Amelia, Herman ("Louis Jr.") and Louise; Louis had one daughter by his second wife, Marie: Linda Chambers. In 1965, Marie, Linda, and Linda's husband Leon executed a deed granting title to real property to Louis Jr., Amelia, and Louise. In 2006, Louis Jr. filed a complaint seeking a sale for division of the property. For reasons that not entirely clear from the record, the case remained idle at the circuit court for several years. However, on June 22, 2016, Louis Jr. executed a warranty deed in which he purported to convey his interest in the subject property to his wife, Norma Peinhardt ("Norma"), and his stepson, Larry Todd ("Larry"), "as joint tenants with a right of survivorship." In 2020, Amelia and Louise filed a summary-judgment motion in which they contended that a survivorship provision was part of the 1965 deed, and therefore Louis Jr.'s conveyance of his interest in the property to Norma and Larry was a nullity because Amelia and Louise had not granted consent to the conveyance. The Alabama Supreme Court determined the 1965 deed conveyed a joint tenancy in the portion of the subject property at issue rather than a tenancy in common with a right of survivorship. As a result, Louis Jr.'s conveyance of his interest in the portion of the subject property at issue was permissible. Accordingly, the circuit court's grant of summary judgment was issued in error. The matter was remanded for further proceedings. View "Peinhardt v. Peinhardt" on Justia Law

The Sumter County Board of Education ("the SCBE") appealed a circuit court's dismissal of its complaint asserting claims of reformation of a deed, breach of contract, and fraud, as well as seeking declaratory and injunctive relief, against the University of West Alabama ("UWA"); UWA's president Dr. Kenneth Tucker, in his individual and official capacities; and UWA's former president, Dr. Richard Holland, in his individual and official capacities. Because a new high school had been built, in early 2010 the SCBE closed Livingston High School ("LHS"). Shortly thereafter, officials from UWA approached the SCBE about the possibility of purchasing the LHS property. In 2011, a "Statutory Warranty Deed" conveying the LHS property from the SCBE to UWA ("the deed") was executed, and it was signed on the SCBE's behalf by Dr. Morton. The deed did not contain any restrictions on the LHS property or its use. The deed was recorded in the Sumter Probate Court on June 27, 2011. In May 2017, the University Charter School ("UCS") filed an application with the Alabama Public Charter School Commission ("the APCSC") to establish a charter school in Sumter County. In its application, UCS stated that the LHS property was its first choice for the location of the school. The APCSC approved UCS's application in July 2017. In October 2017, it was publicly announced that UWA had an agreement with UCS for UCS to use the LHS property to house its school.3 The SCBE's complaint alleged that in November 2017 the SCBE contacted UWA president Dr. Tucker and "requested that Defendant UWA honor its covenant not to use Livingston High School property as a K-12 charter school." However, UCS continued its preparations, and in August 2018 UCS opened its charter school on the LHS property with over 300 students attending. In May 2018, the SCBE filed the complaint at issue here, and the circuit court ultimately dismissed the complaint. Because the Alabama Supreme Court found that a restrictive covenant in the sales contract violated clear public policies of the Alabama School Choice and Student Opportunity Act, the restrictive covenant was unenforceable. Therefore, the circuit court's judgment dismissing all the claims against the University defendants was affirmed. View "Sumter County Board of Education v. University of West Alabama, et al." on Justia Law

The City of Birmingham ("the City") appealed a circuit court's denial of its motion to vacate a quiet-title judgment in favor of Metropolitan Management of Alabama, LLC ("Metropolitan"). In 1999, the State of Alabama purchased a parcel of property at a tax sale. The City's Director of Finance conducted a public sale, selling and conveying a delinquent demolition assessment against the property. The City purchased that assessment interest and, in February 2007, recorded a deed showing the conveyance. In 2017, the property was sold by the State, and Michael Froelich, who was the managing member of Metropolitan, obtained title to the property by a tax deed. Froelich conveyed the property to Metropolitan by quitclaim deed. In 2018, Metropolitan commenced a quiet title action, naming Constance Wambo as a defendant possessing an interest in the property, and identified as fictitiously named defendants "any individuals and/or entities who may claim an interest now or in the future in the property ..., whose true identity is currently unknown to [the] Plaintiff." Metropolitan filed an affidavit in which Froelich averred that he, after a diligent search with the assistance of an attorney, had been unable to identify any other interest holders. In November 2019, the court entered a judgment quieting title to the property in Metropolitan, conveying to Metropolitan fee-simple title to the exclusion of all others, voiding any claims of the defendants, and making Metropolitan's claim of interest superior to any other. In early 2020, Metropolitan's attorney contacted counsel for the City regarding the City's recorded assessment interest. In June 2020, the City filed a motion to intervene in the quiet-title action and a motion to vacate the judgment as void under Rule 60(b)(4). The court denied the City's motion to vacate without stating grounds. The Alabama Supreme Court reversed, finding the law imputes to purchasers knowledge of the contents of recorded documents, and that such constructive notice of a defendant's residence generally suffices for "know[ledge]" of that residence under Rule 4.3(b). Metropolitan did not provide any reason why a reasonable probate-records search would not have disclosed the City's deed. Because Metropolitan had knowledge of the City's residence, Metropolitan's service by publication without first attempting another means of service failed to comply with Rule 4.3(b). View "City of Birmingham v. Metropolitan Management of Alabama, LLC" on Justia Law

In 2017, Andeavor agreed with the Mandan, Hidatsa, and Arikara Nation, known as the Three Affiliated Tribes, to renew the right-of-way over tribal lands, and to pay trespass damages for continued operation of an oil pipeline after expiration. Andeavor then began renewal negotiations with individual Indian landowners. In 2018, the Allottees filed a putative class action seeking compensatory and punitive damages for ongoing trespass and injunctive relief requiring Andeavor to dismantle the pipeline. The district court granted Andeavor's motion to dismiss, concluding that the Allottees failed to exhaust administrative remedies with the Bureau of Indian Affairs (BIA).The Eighth Circuit concluded that the case turns on issues sufficiently within the primary jurisdiction of the BIA to warrant a stay, rather than dismissal, to give the BIA opportunity to take further action. Accordingly, the court reversed the district court's judgment and remanded for further proceedings. The court denied the Allottees' motion to dismiss Robin Fredericks as a plaintiff. View "Chase v. Andeavor Logistics, L.P." on Justia Law

In case number 1190525, Paul Childs and Granger Construction Company, LLC ("Granger Construction"), appealed a circuit court judgment entered in favor of Harry ("Bud") and Brenda Pommer. In their cross-appeal, case number 1190580, the Pommers appealed the trial court's judgment entered in favor of Melissa Granger ("Melissa"), as the administratrix of the estate of Daniel Granger ("Granger"), deceased. In 2014, the Pommers decided to build a garage on property that they owned in Fairhope, Alabama. Childs was referred to Bud for the work. Childs brought Granger into the project as the licensed contractor for the work. The evidence presented at trial indicated that the project experienced significant delays. Evidence was presented indicating that Granger and Childs performed some of the physical labor on the project. In March 2015, when an invoice was presented to the Pommers, Bud and Brenda told the Childs and Granger that they did not want to give them another check based on how things had been going. A "heated" meeting between the parties resulted in the Pommers hiring an attorney. Bud requested the City conduct an inspection; the garage did not pass. The Pommers subsequently hired another contractor and other companies to repair work done by Granger Construction and to complete unfinished work on the project. The Pommers ultimately sued Childs and Granger Construction for breach of contract. Childs and Granger Construction filed their answer to the amended complaint and a counterclaim, asserting breach of contract/unjust enrichment against the Pommers. After review, the Alabama Supreme Court affirmed the trial court as to Granger Construction in case number 1190525. The Court reversed the trial court as to Childs, and rendered judgment in favor of Childs. In case number 1190580, the Court affirmed the trial court. View "Childs et al. v. Pommer" on Justia Law

Steve and Russell Hartman, as personal representatives of the estate of Ray Hartman (the “Estate”), appealed an amended judgment entered after a bench trial. The Estate argued Ray lacked the capacity to contract, no valid contract for the sale of his farmstead and farmland existed, Trent Grager owed rent for the 2017 farming season, and Ray did not gift a tractor to Grager. Grager cross-appealed, arguing he was entitled to compensation for the Estate’s wrongful occupation of the farm. The North Dakota Supreme Court affirmed in part, concluding the district court did not err in finding Ray was capable of contracting, the 2016 agreement was a valid contract for the sale of the farmstead and farmland, Grager had no obligation to pay rent in 2017, and the tractor was gifted. The Supreme Court reversed in part, concluding the 2017 document did not supplement or alter the terms of the 2016 agreement, and Grager was entitled to compensation for the Estate’s wrongful occupation of the farm. The case was remanded for the court to determine Grager’s damages for the Estate’s wrongful occupation. View "Hartman, et al. v. Grager" on Justia Law

A reverse validation action was brought by petitioners Bonnie Wolstoncroft, William Unkel, and Michael Wilkes against the County of Yolo (County) to challenge the County’s plan to continue water service to 95 residences within the North Davis Meadows County Service Area (County Service Area) by replacing two aging groundwater wells with the City of Davis’s (City) water supply. Under this plan, North Davis Meadows residents would pay substantially higher water rates to pay for the project. The County considered the increased water rates to be property-related fees and noticed a Proposition 218 (as approved by voters, Gen. Elec. (Nov. 5, 1996)) hearing. More than five months after the County adopted its resolution, but before the deadline contemplated by the parties’ tolling agreement, petitioners filed their action in superior court. The trial court rejected petitioners’ argument that the increased levy constituted an assessment for which majority approval was required by Proposition 218. The trial court also rejected petitioners’ contentions that the County wrongfully rejected protest votes it claimed not to have received or received in an untimely manner. After review of petitioners' arguments on appeal, the Court of Appeal concluded the trial court correctly determined that the levy constituted a property-related fee under Proposition 218. "The fact that maintaining adequate water supply requires switching water sources does not turn the fee into an assessment. Thus, the County properly employed the majority protest procedure under article XIII D, section 6." Further, the Court concluded that even if the trial court erred in denying petitioners’ motion to augment the record with declarations regarding two mailed protest votes, petitioners’ evidence would not prove timely compliance with the protest procedure. Without the protest votes for which only evidence of mailing was tendered, the protest lacked a majority. Accordingly, the trial court's judgment was affirmed. View "Wolstoncroft v. County of Yolo" on Justia Law