Rodney D. Truss, the defendant below, appeals from the denial of his motion, made pursuant to Rule 60(b)(4), Ala. R... ... ... Civ. P., to set aside a default judgment in favor of the plaintiff, Sandra N. Chappell. Truss contends that the default judgment was void because, he says, Chappell did not properly serve him with process. We agree, and we reverse and remand... In September 2001, Chappell's automobile was struck by a truck owned by Old Dominion Freight Line, Inc. ("Old...  

Nacola Ruggs petitioned this Court for the writ of certiorari to review the judgment of the Court of Civil Appeals reversing the decision of the trial court, which had found MasterBrand Cabinets, Inc., f/k/a NHB Industries, Inc. ("MasterBrand"), liable, pursuant to § 25-5-8(e), Ala. Code 1975, for two times the amount of compensation that would otherwise have been payable. We granted certiorari review to determine the question of first impression: Whether the double-compensation...  

Robert Horn appeals from an order of the Shelby Circuit Court in an action filed against him by his daughter, Latrice Brown. Because the order from which Horn appeals is not a final judgment, we dismiss the appeal... ... ... Facts and Procedural History... In 1993, Brown's mother, Felicia Yvonne Brown Carson, was killed in a motor-vehicle accident. Carson and Horn, who were not married at the time of Carson's death, had three children, including Brown, who were minors at the time of her death....  

Portofino Seaport Village, LLC ("Portofino"), appeals from a judgment in favor of William A. Welch and Hawkins-Cobb, Inc., on Portofino's counterclaim of unjust enrichment stemming from a failed real-estate transaction. We affirm... ... ... Facts and Procedural History... Welch and Hawkins-Cobb owned a 267-acre parcel of land ("the property") along the Fort Morgan Parkway in Baldwin County. Welch and Hawkins-Cobb sought the assistance of Roderick Wright in improving the...  

J.C. Duke & Associates, Inc. ("Duke"), petitions this Court for a writ of mandamus ordering the trial court to vacate its order denying Duke's motion to dismiss the claims... ... ... against it pursuant to Ala. Code 1975, § 6-5-440, Alabama's abatement statute. We grant the petition and issue the writ... I. Facts and Procedural Posture... In February 2005, Duke sued C.L. Roofing Professionals, Inc., and DelZak Builders, Inc., in the Mobile Circuit Court, alleging poor workmanship,...  

Joe Harrison, as executor of the estate of Wyatt Harrison, deceased, sued the Alabama Forever Wild Land Trust... ... ... ("the Trust Fund") and others1 pursuant to § 6-6-540, Ala. Code 1975, seeking to quiet title to an uninhabited 160-acre parcel of land in Colbert County ("the property") claimed by both the Harrison family and the Trust Fund.2 The trial court entered a summary judgment quieting title to the property in favor of the Trust Fund, and Harrison now appeals. We...  

The Jackson County Board of Education ("the Board") petitions for the writ of mandamus directing the Jackson... ... ... Circuit Court to enter a summary judgment in its favor in the underlying action against it based on the immunity provision of Ala. Const. 1901, § 14. We grant the petition and issue the writ... Facts and Procedural History... On November 22, 2002, Kaitlyn Congleton, then five years old, attended a high school football game with her aunt and uncle, Michelle and...  

Tahsin Industrial Corporation, U.S.A. ("Tahsin"), petitions this Court for a writ of mandamus directing the... ... ... Jefferson Circuit Court to vacate its order granting John W. Clanton's consolidated motion for a partial summary judgment, for a judgment on the pleadings, and to strike its defense that the Sales Representative's Commission Contracts Act, § 8-24-1 et seq., Ala. Code 1975 ("the Commission Act"), applies only to transactions and shipments within Alabama....  

McKenzie Oil Company, Inc. ("McKenzie"), and Gary Dewayne Heathcock, defendants in an action pending in the Barbour Circuit Court, petition for a writ of mandamus directing the trial court to transfer the case to the Escambia Circuit Court on the basis of forum non conveniens. We grant the petition and issue the writ... Facts and Procedural History... In the early morning hours of September 24, 2006, Heathcock was allegedly driving a vehicle that collided with a vehicle driven by Lee...  

Lisa M. Meadows ("the mother") and Christopher G. Meadows ("the father") were married in September 2000. The parties first met while the mother was enrolled in optometry school at the University of Alabama at Birmingham. After their... ... ... marriage, the parties lived in South Carolina. The mother was employed as an optometrist; the father was a pilot, originally for another company, and then for United Parcel Service ("UPS"). In August 2002, the parties moved from...  

Betty Griffin ("the employee") was employed by Prime Healthcare Corporation d/b/a Lafayette Extended Care, LLC ("the employer"). In April or May 2003, the employee was... ... ... allegedly injured in the line and scope of her employment. She sued the employer and several fictitiously named defendants in November 2004, seeking an award of workers' compensation benefits. In May 2006, the employer filed a motion for a summary judgment, arguing that the employee's injury occurred...  

In this appeal, K.D.H., the mother, challenges the custody, visitation, child-support, and attorney-fee provisions of a judgment divorcing her from T.L.H. III, the father. We affirm in part, reverse in part, and remand... ... ... Background... In March 2006, the father filed a complaint seeking a divorce from the mother on the ground of incompatibility. He asserted that they had married in 1998; that they had three children, born on September 22, 1999, March 11, 2001, and April 10, 2003; and...  

On February 23, 2004, Raymond W. Gilbreath and Sherry L. Gilbreath ("the Gilbreaths") sued Richard Earl Harbour and Charlotte Harbour ("the Harbours"), and Timothy Harbour, the Harbours' son. The Gilbreaths and the Harbours own adjoining... ... ... tracts of land. In their complaint, the Gilbreaths alleged a boundary-line dispute and claimed ownership of certain property ("the disputed property") by adverse possession. The Gilbreaths also sought an injunction, seeking to...  

In this interpleader action, Scheer Homes, Inc., and Kurt Scheer (hereinafter referred to collectively as "Scheer") appeal from a judgment in favor of Richard M. Hills and Hills Real Estate (hereinafter referred to collectively as "Hills")... ... ... We reverse the trial court's judgment and remand the case to the trial court for further proceedings consistent with this opinion... On June 9, 2006, Hills Real Estate and Kurt Scheer entered into a written contract ("the...  

M.B. ("the father") appeals a December 13, 2007, judgment that determined that his child, B.P., was dependent and awarded joint legal custody of the child to the child's maternal grandparents, R.P. and P.P., and the child's paternal... ... ... grandparents, W.B. and Ma.B. The December 13, 2007, judgment specified that the maternal grandparents were to receive primary physical custody, awarded the paternal grandparents a standard schedule of visitation, and awarded the father...  

The plaintiffs, Jerry Stout and Jose Mills, appeal from the trial court's dismissal of their action against the defendants, Michael Anthony Cumse and Colbert County ("the County"). We reverse and remand... ... ... The plaintiffs sued Cumse and the County, alleging claims of negligence and wantonness. The plaintiffs' complaint alleged, in pertinent part:... "6. On or about November 10, 2005, upon a public street or highway,... Cumse[] negligently and/or wantonly caused [or] allowed...  

The Montgomery County Board of Education ("the Board") appeals from the trial court's denial of the Board's motion to set aside a default judgment entered in favor of Hosea Addison. We reverse and remand... ... ... Addison, a former employee of the Board, filed a complaint against the Board, alleging breach of contract. After the Board failed to answer or otherwise respond, Addison moved for a default judgment, pursuant to Rule 55, Ala. R. Civ. P. The trial court subsequently entered a...  

Mary Davison Campbell ("the mother") and Kenny Davison ("the father") married, and two minor children were born of the marriage. The mother and the father divorced in February... ... ... 2003. The divorce judgment awarded the mother custody and ordered the father to pay child support in the amount of $540 per month. In October 2005, a juvenile court granted the mother's petition seeking to terminate the father's parental rights regarding their two minor children... On January 4,...  

Kimberly Bond appeals from the circuit court's order dismissing her complaint for lack of subject-matter jurisdiction. We affirm... ... ... Facts and Procedural History... Kenneth D. Pylant II died on September 5, 2005. When he died, Kenneth was married to Kimberly Bond; he had four children from a previous marriage, two of whom were minors. Subsequently, James Sprayberry, as executor of Kenneth's estate, filed a petition in the Lee County Probate Court seeking to admit to probate a copy of...  

The Waterworks and Sewer Board of the City of Selma ("the Board") appeals from the dismissal of a declaratory-judgment action it filed against Geraldine Allen and Samuel Randolph. We reverse and remand... ... ... Facts and Procedural History... The Board is a public corporation formed in accordance with § 11-50-310 et seq., Ala. Code 1975, for the purpose of operating a water and sewer system in the City of Selma. The Board is composed of five directors, appointed by the Selma City...