Justia Real Estate & Property Law Opinion Summaries

In May 2022, Jerry & John Woods Construction, Inc. ("Woods Construction") entered into a contract with John David Jordan and Carol S. Jordan to construct a house and a metal building. Woods Construction claimed the Jordans failed to pay for the work performed, leading the company to sue them in the Dallas Circuit Court for breach of contract and unjust enrichment. The Jordans moved to dismiss or for summary judgment, arguing that Woods Construction's lack of a required residential-home-builder's license barred the company from bringing civil claims. They also filed counterclaims alleging improper and negligent work by Woods Construction.The Dallas Circuit Court denied the Jordans' motion to dismiss but later granted their motion for summary judgment, finding that Woods Construction, as an unlicensed residential home builder, was barred from enforcing the construction contract under § 34-14A-14(d) of the Alabama Code. The court also declared Woods Construction's "Notice of Lis Pendens/Lien" null and void. The court certified its judgment as final under Rule 54(b), despite the Jordans' counterclaims remaining pending.The Supreme Court of Alabama reviewed the case and determined that the Rule 54(b) certification was improper. The court noted that the claims and counterclaims were closely intertwined, as both concerned the same contract and construction work. Additionally, the resolution of the Jordans' counterclaims could potentially moot Woods Construction's claims. Therefore, the court concluded that the circuit court exceeded its discretion in certifying the judgment as final and dismissed the appeal for lack of a final judgment. View "Jerry & John Woods Construction, Inc. v. Jordan" on Justia Law

Gary Everett Martin obtained a home-equity line of credit (HELOC) from BBVA USA Bancshares, Inc. (BBVA) in May 2008, secured by a mortgage on his residential property. In June 2008, Martin hired Joseph T. Scarborough, Jr., and Scarborough & Griggs, LLC (S&G) for legal representation in a divorce action. In June 2012, Martin executed a promissory note in favor of S&G for legal fees, secured by a second mortgage on the property. The attorney-client relationship ended in June 2013, and the promissory note and mortgage were later assigned to Scarborough. In June 2019, BBVA foreclosed on the property, and Scarborough purchased it at the foreclosure sale.The Lee Circuit Court granted summary judgment in favor of Scarborough, S&G, and BBVA, dismissing Martin's counterclaims and awarding possession of the property to Scarborough. The court found Martin's claims against the Scarborough parties time-barred under the Alabama Legal Services Liability Act (ALSLA) and dismissed his claims against BBVA as time-barred or unsupported by substantial evidence.The Supreme Court of Alabama reviewed the case. It found a genuine issue of material fact regarding the validity of the foreclosure sale, as the sale price was significantly lower than the property's fair market value, potentially indicating fraud or unfairness. Consequently, the court reversed the summary judgment in favor of Scarborough on his ejectment claim and remanded the case for further proceedings. However, the court affirmed the summary judgment in favor of the Scarborough parties and BBVA regarding Martin's counterclaims, finding them time-barred or unsupported by substantial evidence. View "Martin v. Scarborough" on Justia Law

In 2012, two individuals, Moore and Lloyd, obtained a $185,000 judgment against Mikul and Sanders. They applied for a writ of execution to auction two properties owned by Mikul and Sanders, and they were the highest bidders for one parcel at $130,000. Mikul, who resided on the property, contested the sale, claiming ownership and arguing that the sale price was unconscionably low. The Shelby Circuit Court initially ruled in favor of Moore and Lloyd, granting them possession of the property. Mikul's subsequent appeals and motions to intervene were denied, and the Alabama Supreme Court affirmed the lower court's decision without an opinion.Moore and Lloyd then filed an action in the Shelby Circuit Court seeking immediate possession of the property. The court granted their motion but stayed the execution of the judgment. Over the years, Moore and Lloyd filed multiple motions to dissolve the stay and sought writs of execution, but the court repeatedly denied their requests. In 2022, the Alabama Supreme Court noted that Moore and Lloyd had not argued that the stay was "immoderate" in the lower court and suggested they seek dissolution of the stay in the original action.Moore and Lloyd filed a motion to dissolve the stay in 2022, arguing it was immoderate. The Shelby Circuit Court, however, did not dissolve the stay and instead set the matter for a trial. The Alabama Supreme Court reviewed the case and concluded that the stay, which had been in place for six years, was indefinite and without continued justification, making it immoderate and beyond the court's discretion. The Supreme Court issued a writ of mandamus directing the circuit court to dissolve the stay and a writ of prohibition to vacate the orders setting the case for trial, limiting the court to issuing orders necessary to wind up the litigation. View "Ex parte Moore" on Justia Law

Hexagon US Federal, Inc. ("HexFed") leased a portion of a building from Intergraph Unimproved Properties, LLC in 2015. The lease included two bays with different terms and renewal options. In 2016, the lease was amended to provide a five-year term for both bays. CBS Holdings, LLC later acquired the building and the lease. A dispute arose over whether HexFed had validly renewed the lease, leading HexFed to file a lawsuit against CBS Holdings for breach of the lease agreement.The Madison Circuit Court held a bench trial and ruled in favor of HexFed, finding that CBS Holdings had waived its right to argue that the lease for one of the bays had expired after 12 months. The court also reformed the lease to correct a mutual mistake, establishing that the maximum monthly rent for the bay did not expire after one year. The court declared that HexFed had properly exercised its renewal option and awarded HexFed costs and attorneys' fees.The Supreme Court of Alabama reviewed the case and affirmed the lower court's judgment. The court held that CBS Holdings had waived its argument about the lease term by accepting rent without objection and by executing a lease amendment without changing the lease term. The court also upheld the reformation of the lease, finding clear evidence of a mutual mistake. Additionally, the court agreed that HexFed had validly renewed the lease by providing timely written notice, despite an error in the rent calculation. Finally, the court affirmed the award of costs and attorneys' fees to HexFed, as it was forced to file the action to enforce the lease. View "CBS Holdings, LLC v. Hexagon US Federal, Inc." on Justia Law

Dwight D. Sikes appealed a judgment from the Choctaw Circuit Court, where Michelle M. Kirkland, representing Kenneth McIlwain's estate, had obtained a judgment against him. The case involved land originally owned by Dwight's father, James Sikes, which was deeded to Dwight's brother, Archie, and subsequently to Kenneth and Patricia McIlwain. The McIlwains sued Dwight, alleging his livestock trespassed and caused damage. Dwight counterclaimed, alleging the McIlwains improperly removed James's personal property, and cross-claimed, arguing James was not competent when deeding the land to Archie.The Choctaw Circuit Court ordered Dwight to remove his livestock but did not rule on his counterclaim. After the McIlwains passed away, Kirkland was substituted as the plaintiff. The court later ruled against Dwight on his cross-claim, finding James competent when deeding the land, but did not address the counterclaim. Dwight appealed this judgment.The Supreme Court of Alabama reviewed the case and noted that the lower court had not disposed of all claims, specifically Dwight's counterclaim regarding the removal of personal property. The court emphasized that a final judgment must conclusively determine all issues and rights of the parties. Since the trial court's judgment did not address the counterclaim or fully resolve the initial trespass and nuisance claims, it was not a final judgment.Consequently, the Supreme Court of Alabama dismissed Dwight's appeal due to the lack of a final judgment, as the unresolved claims deprived the court of jurisdiction. View "Sikes v. Kirkland" on Justia Law

In February 2019, the Colberts entered into a real-estate sales contract with A & W Contractors, LLC to purchase a remodeled 54-year-old house. A home inspection revealed issues with the plumbing, septic system, and electrical wiring. The parties amended the contract to address these issues, and A&W claimed to have made the necessary repairs. Despite lingering concerns, the Colberts proceeded with the purchase after A&W's real-estate agent allegedly offered a three-month builder's warranty. After moving in, the Colberts experienced significant problems with the house's systems and spent approximately $90,000 on repairs.The Colberts sued A&W, and the case went to trial in the Jefferson Circuit Court. The jury found in favor of the Colberts on their breach-of-contract and fraud claims, awarding them compensatory and punitive damages. The trial court entered a judgment on the jury's verdict and denied A&W's post-trial motions to alter, amend, or vacate the judgment or for a new trial.The Supreme Court of Alabama reviewed the case. It held that the trial court erred in granting a judgment as a matter of law (JML) in favor of the Colberts on their breach-of-contract claim, as there was conflicting evidence that should have been resolved by the jury. However, the Supreme Court affirmed the jury's verdict on the fraudulent misrepresentation and fraudulent suppression claims, noting that A&W had failed to preserve certain evidentiary and sufficiency-of-the-evidence arguments for appellate review. The case was affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion. View "A & W Contractors, LLC v. Colbert" on Justia Law

American Pride Properties, LLC ("APP") filed a lawsuit in the Jefferson Circuit Court against James R. Davis and William M. Pickard, seeking ejectment and damages for the loss of use of real property owned by APP. Pickard had initially shown interest in purchasing the property and was allowed to take possession for renovations before closing. However, the sale did not close as planned, and Pickard attempted to assign his rights to Davis, which led to confusion. Despite multiple extensions and addendums to the purchase agreement, the sale never closed, and APP considered the agreement canceled.The Jefferson Circuit Court held a bench trial and ruled in favor of APP on its ejectment claim, awarding possession of the property to APP and dismissing the counterclaims filed by Davis and Pickard. However, the court retained jurisdiction over APP's demand for damages related to the use and detention of the property. The court certified its judgment as final under Rule 54(b) of the Alabama Rules of Civil Procedure, leading Davis and Pickard to appeal.The Supreme Court of Alabama reviewed the case and determined that the Rule 54(b) certification was improper because the trial court had not resolved the issue of damages, which was part of the same claim for ejectment. The court emphasized that a claim is not fully adjudicated for Rule 54(b) purposes until all elements, including damages, are resolved. Consequently, the judgment was not final, and the Supreme Court of Alabama dismissed the appeals as premature due to lack of jurisdiction. View "Davis v. American Pride Properties, LLC" on Justia Law

The case involves a dispute over the ownership of real property following the death of Billy Skidmore. Billy died intestate in July 2015, leaving behind two sons, John and Billy Jr. The Marshall Probate Court awarded John letters of administration over Billy's estate. Billy Jr. later filed a claim asserting his entitlement to an equal share of the estate. John filed an inventory listing the estate's assets, including a one-third interest in a commercial building. Billy Jr. moved to compel a final settlement, leading to a hearing where John admitted to commingling estate rental proceeds with his personal funds. The probate court subsequently appointed Billy Jr. as the successor administrator and authorized him to list the estate's real property for sale.John discovered a 2004 deed conveying the property to him and Billy as joint tenants with rights of survivorship, which he recorded in July 2023. Despite this, the probate court declared the property to be owned one-third each by John, Jenna (John's ex-wife), and Billy's estate. John removed the administration of the estate to the Marshall Circuit Court and filed a motion to alter, amend, or vacate the probate court's judgment. The circuit court denied his motion, leading John to appeal to the Supreme Court of Alabama.The Supreme Court of Alabama held that the Marshall Probate Court lacked jurisdiction to adjudicate the dispute over the title to the real property. The court emphasized that probate courts do not have the authority to determine equitable issues or administer equitable remedies, such as setting aside a recorded deed. Consequently, the Supreme Court reversed the circuit court's order and remanded the case for further proceedings consistent with its opinion. View "Skidmore v. Skidmore" on Justia Law

The City of Helena appealed a decision by the Shelby Circuit Court that allowed the Pelham Board of Education (PBE) to acquire, develop, and use a piece of real property within Helena's corporate limits for an athletic field and parking lot to serve Pelham High School students. The property, purchased by the PBE in 2021, is adjacent to Pelham High School but located within Helena. Helena argued that the PBE lacked the authority to construct and operate school facilities outside Pelham's corporate limits and that the project violated Helena's zoning ordinance.The Shelby Circuit Court ruled in favor of the PBE, stating that city zoning ordinances do not apply to governmental functions performed by a government body. The court found that the PBE's construction of the athletic field was a governmental function related to public education, which is exempt from local zoning regulations. Helena appealed, arguing that the PBE's actions were not authorized under Alabama Code § 16-11-9 and that the project did not comply with Helena's zoning ordinance.The Supreme Court of Alabama affirmed the circuit court's decision. The court held that § 16-11-9 does not restrict a city board of education's powers to the geographic boundaries of the city it serves. The court also concluded that the PBE's construction and operation of the athletic field constituted a governmental function related to public education, which is exempt from municipal zoning ordinances. Therefore, Helena's zoning ordinance could not be enforced against the PBE's project. The court affirmed the circuit court's order, allowing the PBE to proceed with the development and use of the property. View "City of Helena v. Pelham Board of Education" on Justia Law

The case revolves around a dispute over a property deed. Earnest Coprich and Bessie Elizabeth Jones, who have known each other for about 50 years, disagreed over the terms of a property sale. Coprich claimed that he sold his residence to Jones for $15,000, while Jones contended that the sale price was $10,000. After Jones moved into the property and made several improvements, Coprich filed a complaint seeking to set aside the deed. He alleged that he was mentally incompetent at the time of signing the deed and that he was coerced and defrauded by Jones. Jones denied these allegations and asserted that she had purchased the property and occupied it since the transaction.The Montgomery Circuit Court, after a bench trial, ruled in favor of Jones. The court found that Coprich failed to present sufficient evidence to prove his incompetence or that Jones had committed fraud or misrepresentation. Coprich's postjudgment motion to vacate the order was summarily denied by the court. Coprich then appealed to the Court of Civil Appeals, which transferred the appeal to the Supreme Court of Alabama due to lack of appellate jurisdiction.The Supreme Court of Alabama, however, determined that the Court of Civil Appeals should have jurisdiction over the case. The court noted that the case is a "civil case" as defined by § 12-3-10 and that the "amount involved" does not exceed the jurisdictional threshold of $50,000. Therefore, the Supreme Court transferred the appeal back to the Court of Civil Appeals. View "Coprich v. Jones" on Justia Law