Cathedral of Faith Baptist Church, Inc. v. Moulton
| Decision Date | 25 June 2021 |
| Docket Number | 1200062 |
| Citation | 343 So.3d 500 |
| Parties | CATHEDRAL OF FAITH BAPTIST CHURCH, INC., and Lee Shefton Riggins v. Donald MOULTON, Sr., et al. |
| Court | Alabama Supreme Court |
343 So.3d 500
CATHEDRAL OF FAITH BAPTIST CHURCH, INC., and Lee Shefton Riggins
v.
Donald MOULTON, Sr., et al.
1200062
Supreme Court of Alabama.
June 25, 2021
Mari Morrison, Springville, for appellants.
Carla V. Morton of The Morton Law Firm, L.L.C., Birmingham, for appellee Donald Moulton, Sr.
Patrice Blankenship of Blankenship & Associates, P.C., Birmingham, for appellees Lucien Blankenship and Blankenship & Associates, P.C.
Lonita R. Walker-Mede of Mede & Mede, Attorneys at Law, Birmingham, for appellee Antoinette M. Plump.
Felicia Harris-Daniels, appellee, pro se.
BOLIN, Justice.
Cathedral of Faith Baptist Church, Inc., and Lee Shefton Riggins ("the plaintiffs") appeal from the Jefferson Circuit Court's dismissal of their complaint asserting various claims against, among others, Donald Moulton, Sr., Broken Vessel United Church ("Broken Vessel"), Lucien Blankenship, Blankenship & Associates, Antoinette M. Plump, Felicia Harris-Daniels, Tara Walker, and Tavares Roberts ("the defendants").1
Facts and Procedural History
On June 14, 2019, the plaintiffs sued the defendants, alleging, in part:
"The Cathedral Church purchased property located [in] ... Birmingham ... and obtained a Warranty Deed [on] February 27, 1992, which was recorded in the Jefferson County Probate Court in Book 4222 Page 161.
"Cathedral Church conducted worship at the property until membership dwindled and discontinued meeting. A mortgage existed on the property with Regions Bank which was outstanding and failed to be paid by [Lee Shefton] Riggins (Paid in January, 2015). Riggins and Ms. Willie Bell Hall are the sole survivors and interest holders of Cathedral Church; their interest conveyed legally to Riggins.
"In 2014, [Donald] Moulton, on behalf of Broken Vessel Church, sought to rent the Cathedral Church property from
Riggins. Riggins agreed to rent the property to Moulton and Broken Vessel Church; Moulton and Broken Vessel Church were to seek financing in the amount of TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) to purchase the property.
"Moulton and Broken Vessel Church were to pay the commercial liability insurance Cathedral Church maintained with Planter's Insurance.
"Moulton and Broken Vessel unilaterally changed the insurance carrier in July 2015 to Nationwide [Mutual Insurance Company] without Cathedral Church and Riggins['s] knowledge or consent.
"Moulton and Broken Vessel never obtained financing to purchase the property and never paid any money to Riggins or Cathedral Church. Riggins paid for all Cathedral Church repairs and renovations required.
"On November 26, 2016 Cathedral Church burned and was a total loss. Moulton made a claim to Nationwide for the lost premises and contents. No money was paid to Riggins.
"Riggins discovered the property settlement with Nationwide in or around August 2017.
"Riggins also discovered subsequently two (2) recordings of a general warranty deed in the Jefferson County Tax Assessor's office purporting to be a sale of the property by Riggins to Broken Vessel dated January 1, 2012 for $150,000.00.
"The first recording is dated January 16, 2015 in Land Record 201510, Page 10836 and typed ‘consideration sum of $250,000.00’ struck through the ‘2’ and handwritten ‘1’ -- which was not initialed. Other defects are apparent on the face of the General Warranty Deed which was notarized by Antoinette Plump and witnessed by Tara Walker and Tavares Roberts and dated January 1, 2012. A grantor's signature purporting to be that of ‘L. Shefton Riggins’ was revealed with no signatures of Moulton individually or on behalf of Broken Vessel. Those defects include lack of a proper legal description of the property, no Real Estate Sales Validation Form submitted to Judge of Probate in accordance with Code of Alabama (1975), Section 40-22-1 ; no certified resolution in accordance with Code of Alabama (1975), Section 10A-20-2.06 filed for record in the Probate Office of Jefferson County, Alabama.
"The second document was re-recorded in Instrument 20180001982 -- wherein handwritten is ‘250,000.00’ as the sales price. None of the defects listed ... above were addressed nor corrected.
"Nationwide and its agent/producer [Sydney Keith] Brooks accepted a commercial insurance application from Moulton and Broken Vessel Church on July 2, 2015 requesting coverage for the property ... without requiring proper proof of an insurable interest by Moulton and Broken Vessel Church in the Cathedral Church property. The application contained multiple false statements attributed to Moulton which a background check and due diligence regarding a warranty deed or title search would have revealed."
In count I of the complaint, the plaintiffs asserted a forgery claim, alleging that the January 1, 2012, general warranty had been forged, against Moulton, Broken Vessel, Plump, Walker, Roberts and, it appears, Blankenship and Blankenship & Associates.2 Riggins denied having conveyed
the church property to Moulton or Broken Vessel, denied that his signature on the January 1, 2012, general warranty deed was valid, and denied that he had executed the January 1, 2012, general warranty deed in the presence of Plump, as a notary public, and Walker and Roberts, as witnesses. The plaintiffs sought, among other things, a judgment declaring that the January 1, 2012, general warranty deed was forged and invalid and an award of damages, including attorney's fees and costs.
In count II of the complaint, the plaintiffs asserted a claim of fraud and conspiracy to commit fraud against Blankenship, Blankenship & Associates, Walker, Roberts, Plump, Moulton, and Broken Vessel, alleging that those defendants had conspired to create and had created a forged general warranty deed purporting to convey the church property to Moulton and Broken Vessel. The plaintiffs sought, among other things, an order voiding the general warranty deed and an award of damages, including attorney's fees and costs.
In count III of the complaint, the plaintiffs asserted a conversion claim against...
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