Justia Civil Procedure Opinion Summaries

Birmingham law firm Campbell Law, P.C., represented consumers in legal proceedings against pest-control companies, including The Terminix International Co., LP, and Terminix International, Inc. (collectively referred to as "Terminix"). After Campbell Law initiated arbitration proceedings against Terminix and Matthew Cunningham, a Terminix branch manager, on behalf of owners in the Bay Forest condominium complex ("Bay Forest") in Daphne, Terminix and Cunningham asked the circuit court to disqualify Campbell Law from the proceedings because it had retained a former manager of Terminix's Baldwin County office as an investigator and consultant. The trial court denied the motion to disqualify. Terminix and Cunningham petitioned the Alabama Supreme Court for a writ of mandamus, arguing that the Alabama Rules of Professional Conduct required Campbell Law's disqualification. In support of their petition, Terminix argued the investigator/consultant possessed privileged and confidential information related to disputes between Terminix and parties represented by the law firm, and that Campbell Law violated the Rules of Professional Conduct. The Supreme Court concluded the petitioners did not demonstrate Campbell Law violated the Rules, thus did not establish they had a clear legal right to mandamus relief. The petition was denied. View "Ex parte The Terminix International Co., LP, et al." on Justia Law

The Alabama Department of Revenue ("DOR") petitioned the Alabama Supreme Court for a writ of mandamus to order Judge Eddie Hardaway to recuse himself from an appeal challenging a decision of the Alabama Tax Tribunal in favor of Greenetrack, Inc. In 2009, the DOR determined Greentrack owed $75 million in sales taxes and consumer-use taxes for its electronic-bingo activities for the period from January 1, 2004, through December 31, 2008. In 2013, the Alabama Department of Revenue moved for Judge Hardaway to recuse himself, arguing that recusal was required because Judge Hardaway had recused himself two months earlier from another case on a related matter involving these same parties. In the present dispute, the DOR asked Judge Hardaway to recuse himself. This time the circuit court denied the request without providing any specific rationale or reasoning in its order, finding the "cases and authorities relied upon by the Alabama Department of Revenue do not support recusal under the facts and circumstances of this case." Finding the DOR demonstrated a clear, legal right to the recusal of Judge Hardaway in this matter, the Alabama Supreme Court granted its petition and directed Judge Hardaway to recuse himself. View "Ex parte Alabama Department of Revenue." on Justia Law

Brenda and James Gustin appealed the grant of summary judgment entered in favor of Vulcan Termite and Pest Control, Inc. ("Vulcan"), and its general manager, Fred Smith. In 1998, Vulcan was hired by a construction company to pretreat a house in Shelby County, Alabama for termites. The house was three stories tall, with three concrete decks overlooking a lake. The decks were supported by 18 wooden columns. Additionally, to the left of the front door was a porte cochere for vehicles to pass through on their way up the driveway. The exterior of the house was entirely covered in faux-stone cladding. The Gustins purchased the house in 2006. In 2009, the Gustins entered into a contract with Vulcan for termite-damage inspection, treatment, and repair. In 2015, they hired a decorating company to renovate on of the rooms in the house. The company removed several sections of beadboard from the porte cochere, revealing extensive termite damage. Removing some of the cladding from the facade, the Gustins discovered active termites and severe damage to all levels and all sides of the house, as well as damage to a deck. The Gustins hired an expert, who estimated it would cost roughtly $950,000 to repair the house. Several days after the damage was discovered, Smith went to the house to inspect, and observed the active termites. Vulcan did not repair the house. The Gustins sued. In granting summary judgment, the trial court found "no evidence Vulcan breached the contract by failing to discover hidden termites. The Gustins presented no evidence that the annual inspection were not performed in accordance with the regulations or industry standards." The Alabama Supreme Court's review of the record indicated the Gustins submitted "substantial evidence" that Vulcan committed acts and omissions underlying each of their seven breach-of-contract claims. That evidence created a genuine issue of material fact regarding whether Vulcan breached its duty to "perform all services in a workmanlike manner," as the contract required. While the Court agreed with the trial court and affirmed as to some causes of action, it reversed with respect to others, and remanded the case for further proceedings. View "Gustin v. Vulcan Termite and Pest Control, Inc." on Justia Law

The circuit court dismissed with prejudice a complaint relating to an alleged sexual assault of a minor at an Autauga County, Alabama school. Multiple requests for continuances were granted. The last such grant, the circuit court admonished it would not grant additional continuances "absent a showing of extraordinary circumstances." A few days later, plaintiffs moved for another continuance, citing a scheduling conflict involving mediation in a separate case in another county. The circuit court did not rule on the motion, instead issuing an order dismissing the case with prejudice. The Alabama Supreme Court determined the circuit court exceeded its discretion in dismissing S.C. and K.C.'s claims when there was no clear record of delay or contumacious conduct by the plaintiffs. "By contacting court personnel, the parties were attempting to find a date for the circuit court's convenience as well as to make sure that the case proceeded to the merits in a timely manner. . . . That most severe sanction in the spectrum of sanctions is not warranted in this case." View "S.C. et al. v. Autauga County Board of Education et al." on Justia Law

Laurie Ann Ledbetter ("Laurie Ann") and Warren Lewis Ledbetter ("Warren") sued their brother, William Russell Ledbetter ("Russell") alleging he improperly used money placed in an oral trust by their deceased mother, Lois Ann Ledbetter ("Lois"). The circuit court entered a summary judgment in favor of Russell. Laurie Ann and Warren appealed, contending that they presented substantial evidence of the existence and terms of the oral trust. After review, the Alabama Supreme Court agreed and reversed the circuit court. View "Ledbetter v. Ledbetter" on Justia Law

The issue this case presented for the Alabama Supreme Court's review centered on whether, under the terms of a particular trust instrument, a person adopted as an adult was considered a lineal descendant of a beneficiary of the trust and, thus, a beneficiary. James Parris, G.D. Varn III, James V. Searse, Jr., and Samuel S. Parris appealed a partial summary judgment in favor of Phyllis Ballantine, Scott Harrison and Renee DuPont Harrison. The siblings argued that the use of the phrase "hereafter born" in defining "lineal descendants" in the 1971 trust implied that "adopted" descendants were excluded and demonstrated the trustors' intent that the 1971 trust benefit biological descendants only. The siblings also asserted the trustors defined "lineal descendants" in a manner different than the generic legal definition, while they defined "heirs" as all persons entitled to take by intestacy -– the primary, generic legal meaning. The Alabama Supreme Court found that at the time the 1971 trust was executed, there was no provision in the law authorizing the adoption of adults. "Although the Alabama Legislature enacted the Adult Adoption Act in 1973 authorizing the adoption of an adult for inheritance purposes, that act came into being two years after the 1971 trust was executed. ... [T]hose Code sections were repealed effective January 1, 1991, and replaced by the Alabama Adoption Code, section 26-10A-1 et seq., Ala. Code 1975. Accordingly, the probate court's judgment was affirmed on grounds that the law at the time the 1971 trust was executed did not allow adult adoption, that Samuel's adoption as an adult in 2016 did not make him a "lineal descendant" as that term was defined in the 1971 trust, and that, therefore, Samuel was not a beneficiary of the trust. View "Parris v. Ballantine et al." on Justia Law

QHG of Enterprise, Inc., d/b/a Medical Center Enterprise ("QHG"), appealed a circuit court's judgment awarding Amy Pertuit ("Amy") $5,000 in compensatory damages and $295,000 in punitive damages. Leif Pertuit ("Leif") had been married to Deanna Mortensen; they had one child, Logan. Leif and Mortensen divorced in 2007. At some point, Mortensen was awarded sole physical custody of Logan, and Leif was awarded visitation. Leif later married Amy, a nurse. At the time of their marriage, Leif and Amy resided in Mobile, Alabama, and Mortensen resided in Enterprise. Eventually, tensions arose between Leif and Mortensen regarding the issue of visitation. In March 2014, Mortensen began sending text messages to Leif accusing Amy of being addicted to drugs. Around that time, Mortensen visited the attorney who had represented her in divorce from Leif. Mortensen expressed concern that Logan was in danger as a result of the visitation arrangement and asked her attorney to assist with obtaining a modification of Leif's visitation. In April 2014, Mortensen contacted Dr. Kathlyn Diefenderfer, a physician whom QHG employed as a hospitalist at Medical Center Enterprise. Mortensen had been Dr. Diefenderfer's patient, and Dr. Diefenderfer's son played sports with Logan. Mortensen informed Dr. Diefenderfer that Logan was scheduled to ride in an automobile with Amy from Enterprise to Mobile for Leif's visitation and expressed concern regarding Amy's ability to drive, given her belief that Amy was using drugs and had lost her nursing license. Dr. Diefenderfer used a hospital computer to check on Amy's drug prescriptions. After reviewing that information,Dr. Diefenderfer told Mortensen: "All I can tell you is I would not put my son in the car." Mortensen went back to her attorney, informing him that Dr. Diefenderfer had acquired the necessary proof of Amy's drug use. Amy received a copy of the modification petition, and was convinced her private health information had been obtained in violation of HIPAA, and filed complaints to the Enterprise Police Department, the US Department of Health and Human Services, the Alabama Bar Association, and the Alabama Board of Medical Examiners. A grand jury indicted Mortensen and Dr. Diefenderfer, which were later recalled, but the two entered diversion agreements with the district attorney's office. Amy then filed suit alleging negligence and wantonness, violation of her right to privacy, the tort of outrage and conspiracy. The Alabama Supreme Court determined the trial court erred by denying QHG's motion for a judgment as a matter of law with respect to Amy's asserted theories of respondeat superior; ratification; and negligent and wanton training, supervision, and retention because there was not substantial evidence indicating that QHG was liable to Amy as a consequence of Dr. Diefenderfer's conduct under any of those theories. The trial court's judgment awarding Amy $5,000 in compensatory damages and $295,000 in punitive damages was reversed, and judgment rendered in favor of QHG. View "QHG of Enterprise, Inc., d/b/a Medical Center Enterprise v. Pertuit" on Justia Law

Two appeals were consolidated for the purposes of this opinion: case no. 1180675 ("the Lowndes County case"), the State appealed the Lowndes Circuit Court's order granting the motions to dismiss filed by Epic Tech, LLC; White Hall Enrichment Advancement Team d/b/a Southern Star Entertainment; White Hall Entertainment; and the White Hall Town Council (collectively, "the Lowndes County defendants"); case no. 1180794 ("the Macon County case"), the State appealed the Macon Circuit Court's order granting the motions to dismiss filed by Epic Tech, LLC, and K.C. Economic Development, LLC, d/b/a VictoryLand Casino ("KCED")(collectively, "the Macon County defendants"). In 2017, the State sued the Lowndes County defendants asserting a public-nuisance claim. In a second amended complaint, the State asserted it was seeking declaratory and injunctive relief to abate a public nuisance of unlawful gambling through continued operation of illegal slot machines and other "unlawful gambling devices." The Lowndes County defendants moved to dismiss, raising, amongst other defenses, that the State failed to join the operators of two Wind Creek casinos. The Lowndes Circuit Court ultimately granted the motion to dismiss, finding it did not have subject-matter jurisdiction to grant the relief the State requested. The State also sued defendants in Macon County Circuit court, again alleging public nuisance from operation of illegal slot machines. Again, the State requested declaratory and injunctive relief. The Macon County court likewise dismissed on grounds it lacked subject-matter jurisdiction.The State argued on appeal to the Alabama Supreme Court that the circuit courts erred in concluding they lacked subject matter jurisdiction over their respective cases. The Supreme Court concurred with the State and reversed the circuit courts. The matters were remanded for further proceedings. View "Alabama v. Epic Tech, LLC, et al." on Justia Law

Regina Hannah appealed the grant of summary judgment in favor of Michael Naughton, M.D.; Michael Naughton, M.D., Ph.D., LLC; Terisa Thomas, M.D., and and Terisa A. Thomas, M.D., P.C. (collectively, "the defendants"), on Hannah's claims alleging medical malpractice. In 2005, Hannah was seen by Dr. Thomas, a board-certified general surgeon, for a female health-care examination. Hannah was 32 years old at the time, and complained of fatigue, weight gain, heavy menstrual cycles, cramping, and painful sexual relations. Hannah also reported a significant family medical history of cervical cancer and stated that she was fearful of getting cancer. Hannah stated that her mother, grandmother, and sister had suffered from cervical cancer. Dr. Thomas ordered a number of tests, including a pelvic ultrasound and a Pap smear. Dr. Thomas received the results of Hannah's Pap smear, which indicated an "abnormal" result: "Epithelial Cell Abnormality. Atypical Squamous Cells Cannot Exclude High Grade Squamous Intraepithelial Lesion (HSIL)." Dr. Thomas stated that this was not a diagnosis of cancer but, rather, that she considered it an abnormal finding indicative of an "increased risk" of cancer. Dr. Thomas related to Dr. Naughton that she had a patient she wanted to refer to him for a second opinion following an abnormal Pap smear. Dr. Naughton testified that Hannah chose the most aggressive option for treatment, specifically stating that she wanted "it all out:" a hysterectomy, including her ovaries. Dr. Naughton had Hannah execute a "surgical-awareness" form indicating that she accepted full responsibility for her decision to have the surgery. Hannah underwent surgery; there was no indication of any diagnosis of cervical cancer mentioned in the surgical record. Hannah's surgery was completed without complication. Hannah would have one more follow up appointment with Dr. Naughton; she also met with Dr. Thomas. Frustrated with a lack of response from additional calls to Dr. Naughton's office, Hannah consulted with Dr. Max Austin, a gynecologic oncologist. After review of her medical records, Dr. Austin told Hannah she "never had nor did she have cervical cancer." Hannah then filed suit against Drs. Thomas and Naughton, alleging they breached their standard of care by falsely informing her she had cervical cancer based on the abnormal Pap-smear, and by advising her to undergo a hysterectomy. The Alabama Supreme Court found no reversible error in the trial court's judgment and affirmed it. View "Hannah v. Naughton, M.D., et al." on Justia Law

Deitrick Bryant ("Deitrick") committed suicide in his cell while he was an inmate at the Greene County, Alabama jail. Deitrick's mother, as the administrator of his estate, sued two jail employees, alleging that their negligence allowed Deitrick's suicide to happen. The trial court entered a summary judgment in favor of the jail employees, and Deitrick's mother appealed. "The controlling factor in determining whether there may be a recovery for a failure to prevent a suicide is whether the defendants reasonably should have anticipated that the deceased would attempt to harm himself." The Alabama Supreme Court determined Bryant failed to put forth evidence that would allow a factfinder to conclude that jail staff could have anticipated Deitrick's suicide. Accordingly, the summary judgment entered by the trial court was affirmed. View "Bryant v. Carpenter" on Justia Law