Justia Civil Procedure Opinion Summaries

American Cast Iron Pipe Company ("ACIPCO") petitioned the Alabama Supreme Court to review the Court of Civil Appeals' decision to reverse a circuit court's dismissal of a workers' compensation action. Suit was filed by Karene Stricklin against ACIPCO who alleged her ward and conservatee, John Gray, sustained injuries while an ACIPCO employee. The Supreme Court granted the petition to consider, as a matter of first impression, whether Article II of the Alabama Workers' Compensation Act ("the ombudsman-program article"), which encompassed § 25-5-290 through § 25-5-294, Ala. Code 1975, precluded an action seeking to have a benefit-review agreement declared void ab initio on the basis of a signatory's mental incompetency when that action was not commenced so as to comply with the 60-day period set forth in § 25-5-292(b), Ala. Code 1975. To this, the Court concluded that it did not, and, thus, affirmed the Court of Civil Appeals' decision. View "Ex parte American Cast Iron Pipe Company." on Justia Law

Plaintiffs Cathedral of Faith Baptist Church, Inc., and Lee Riggins appealed a circuit court judgment dismissing their complaint against Donald Moulton, Sr., and Broken Vessel United Church ("the Broken Vessel defendants") pursuant to Rule 12(b)(6), Ala. R. Civ. P., on the basis that the claims asserted in the complaint against the Broken Vessel defendants are barred by the applicable statute of limitations. The Alabama Supreme Court determined the allegations of the complaint, when construed in plaintiffs' favor, were sufficient to sate a claim for a declaratory judgment. Further, the Court found the trial court erred in dismissing count one of the complaint against the Broken Vessel defendants on the basis that it was barred by the applicable statute of limitations. The case was remanded for further proceedings. View "Watkins v. Matrix, LLC, et al." on Justia Law

Robert Owen died 11 days after being transferred from Huntsville Hospital to the University of Alabama at Birmingham Hospital ("UAB Hospital") for cardiac treatment. His widow Gloria Owen, as the personal representative of his estate, sued the ambulance company that had transported him, Huntsville Emergency Medical Services, Inc. ("HEMSI"), as well as HEMSI employees Jacob Steele, Calvin Hui, Christopher Nunley, and Dea Calce, alleging that events that occurred during Robert's transport had "caused him unnecessary stress, worry, concern, anxiety, and/or a delay in treatment," leading to further heart damage and his eventual death. During discovery, Gloria sought information from the HEMSI defendants about the previous conduct and employment record of Steele, a licensed emergency medical technician ("EMT") and the assigned driver of the HEMSI ambulance that transported Robert. The HEMSI defendants objected to Gloria's requests and sought a protective order, arguing that the Alabama Medical Liability Act ("the AMLA") governed her claims and prohibited discovery related to any acts and omissions of a defendant that were not specifically described in the complaint. The circuit court rejected the HEMSI defendants' request for a protective order and directed them to produce the requested discovery; they petitioned the Alabama Supreme Court for mandamus relief, specifically a writ directing the trial court to amend its order to give effect to what they claimed were the applicable privilege and discovery protections of the AMLA. The Supreme Court granted the petition in part, and denied in part. The Court held all claims asserted by Gloria in this action were governed by the AMLA and subject to the limitations on discovery imposed by § 6-5-551. To the extent that the trial court's October 2021 order did not give effect to the § 6-5-551 privilege, the HEMSI defendants' petition was granted and the trial court was directed to modify that order. But to the extent the HEMSI defendants sought to prevent Gloria from discovering information regarding acts or omissions that were specifically alleged and described in her complaint, their petition was denied. View "Ex parte Huntsville Emergency Medical Services, Inc., et al." on Justia Law

Gwendolyn Barnett and Robert Lee Hull, Jr. were siblings and the sole legal heirs of their father, Robert Lee Hull, Sr. ("Robert"), who died testate. Pursuant to Robert's will, Hull and Barnett were listed as beneficiaries entitled to equal shares of his estate and Barnett was named personal representative of his estate. In August 2019, Barnett obtained letters testamentary from the Probate Court. The administration of Robert's estate ("the estate administration") was later removed to the Circuit Court and assigned case no. CV-19-900322 following Hull's filing of a verified petition for removal. While the estate administration continued, Hull commenced the underlying action, a separate civil action against Barnett in the Circuit Court ("the tort action"), which was assigned case no. CV-20- 900192. Hull's complaint in the tort action alleged that Barnett, in her role as "a partial caretaker of [Robert]" before his death, had exerted undue influence over Robert and had gained control of Robert's personal property and assets. According to Hull, in the absence of Barnett's purported misconduct, items that Barnett allegedly misappropriated would "have become part of [Robert's] estate." Among other relief, Hull sought the imposition of a constructive trust "in an effort to avoid [Barnett's] further unjust enrichment." Barnett filed a motion seeking to dismiss the tort action. In her motion, Barnett asserted that Hull's complaint in the tort action realleged claims purportedly "identical" to claims that Hull had previously asserted in the estate administration, which had been dismissed. The trial court in the tort action entered an order granting Hull's motion in full. Barrett appealed, arguing the trial court lacked jurisdiction over Hull's claims. The Alabama Supreme Court concurred the trial court lacked jurisdiction over matters relating to the pending estate administration. It reversed all orders entered by the trial court in the tort action, and remanded for that court to enter an order dismissing Hull's complaint. View "Barnett v. Hull" on Justia Law

Sidetrack Plaza, LLC, Rajvinder Singh, Maninder Pruthi, Parminder Pruthi, and Union Track Plaza, LLC ("the petitioners"), petitioned the Alabama Supreme Court for a writ of mandamus directing the Tuscaloosa Circuit Court to vacate its October 15, 2021, order purporting to vacate its September 21, 2021, order transferring the underlying action to the Greene Circuit Court. The Supreme Court found that because the case had already been transferred to and docketed by the Greene Circuit Court, the Tuscaloosa Circuit Court's October 15, 2021, order was a nullity. Accordingly, it granted the petition for the writ of mandamus and directed the Tuscaloosa Circuit Court to vacate its October 15, 2021, order in which it purported to grant Hari Har's motion to reconsider, to vacate its September 21, 2021, transfer order, and to deny petitioners' motions to transfer. View "Ex parte Sidetrack Plaza, LLC, et al." on Justia Law

Martha and Kevin Smith purchased and lived in a house that had a plumbing system composed of polyethylene ("PEX") tubing manufactured by NIBCO, Inc. The PEX tubing failed, which allowed water to leak into the house, allegedly causing damage. The Smiths subsequently commenced a lawsuit in against NIBCO, among others, asserting various theories of liability. Ultimately, the circuit court entered a summary judgment in favor of NIBCO and certified the judgment as final pursuant to Rule 54(b), Ala. R. App. P. The Smiths appealed. The Alabama Supreme Court found that the Smiths' claims against NIBCO, the judgment on which was certified as final under Rule 54(b), and the Smiths' claims against D.R. Horton and Dupree Plumbing that remained pending in the circuit court were so closely intertwined that separate adjudication of those claims would pose an unreasonable risk of inconsistent results. Accordingly, the Supreme Court concluded that the circuit court exceeded its discretion in certifying the September 20, 2021, order granting NIBCO's summary-judgment motion as final. The Supreme Court therefore dismissed the appeal. View "Smith v. NIBCO, Inc." on Justia Law

This case stemmed from the serial fraud of Brandy Murrah, the former owner of a drug-screening laboratory who was in prison for falsifying test results. The plaintiffs, Angel Avendano and Sandy Knowles, claimed to be victims of Murrah's fraud and alleged that social worker Victoria Shaw conspired with Murrah to falsify the results of their drug tests. Shaw moved to dismiss the claims against her, and the circuit court granted that motion. Avendano and Knowles appealed. Because the Alabama Supreme Court concluded that Avendano and Knowles's complaint stated some viable claims against Shaw, it affirmed in part, reversed in part, and remanded for further proceedings. View "Avendano v. Shaw" on Justia Law

Lord Genesh, Inc. ("Lord Genesh"); Bay Inn & Suites, LLC, of Foley ("Bay Inn"); and Rasik Patel (referred to collectively as "defendants"), appealed the grant of summary judgment in favor of Valley National Bank. The Alabama Supreme Court determined the circuit court's judgment was not a final judgment: the circuit court purported to enter a final judgment on October 6, 2021. However, the circuit court's October 6, 2021, order was void because defendants had prematurely filed a notice of appeal to the Supreme Court on October 4, 2021, thereby divesting the circuit court of jurisdiction to rule on the matters raised in the appeal. Because no final judgment was entered in this action, this appeal was dismissed. View "Lord Genesh, Inc. et al. v. Valley National Bank." on Justia Law

Ball Healthcare Services, Inc. ("Ball Healthcare"), appealed a circuit court order denying its motion to compel arbitration in Ledell Flennory's wrongful-death suit against it. Because the Alabama Supreme Court determined Flennory did not meet his burden of rebutting Ball Healthcare's evidence that an enforceable arbitration agreement existed, judgment was reversed and the matter remanded for further proceedings. View "Ball Healthcare Services, Inc. v. Flennory" on Justia Law

Gary and Shiela Womble appealed a circuit court’s dismissal of their tort action against Collie Moore, III based on their failure to prosecute the action. In March 2018, the Wombles were injured as the result of a motor-vehicle accident in which Moore's vehicle rear-ended the Wombles' vehicle. The Wombles subsequently filed a complaint in the trial court asserting claims of negligence, wantonness, and loss of consortium against Moore. A little more than two months after that status conference, the Wombles' attorney filed a motion to withdraw as their counsel, in which he stated that he could "no longer effectively represent" them and that he had "informed the [Wombles] that they will have to timely comply with" the trial court's orders. The trial court granted that motion. The Wombles proceeded pro se, and participated in all scheduled proceedings and status conferences conducted between January and April 2021. The case was called for trial September 13, 2021, but the Wombles did not appeal. Moore’s counsel moved to dismiss based on the Wombles’ failure to prosecute. The trial court granted the motion and dismissed the complaint with prejudice. In October 2021, the Wombles moved pursuant to Rule 60(b), Ala. R. Civ. P., asking the trial court to set aside its judgment due to their own “excusable neglect.” The trial court dismissed the complaint. But finding no reversible error in the dismissal, the Alabama Supreme Court affirmed the circuit court. View "Womble v. Moore" on Justia Law