Jefferson Federal Sav. and Loan Ass'n of Birmingham v. Clark

Decision Date03 February 1989
Citation540 So.2d 61
PartiesJEFFERSON FEDERAL SAVINGS AND LOAN ASSOCIATION OF BIRMINGHAM v. Robert F. CLARK, as administrator of the estate of W.E. McKee, deceased. 87-1204.
CourtAlabama Supreme Court

Ferrell S. Anders and David A. Boyett III of Hamilton, Butler, Riddick, Tarlton & Sullivan, Mobile, for appellant.

Robert F. Clark of Clark, Deen & Copeland, Mobile, for appellee.

STEAGALL, Justice.

Plaintiff Jefferson Federal Savings and Loan Association ("Jefferson Federal") appeals from the summary judgment in favor of defendant Robert F. Clark, as administrator of the estate of Dr. W.E. McKee, on its suit for recovery of money erroneously paid the estate. This is the second time this case has been before this Court. See Clark v. Jefferson Federal Savings & Loan Association of Birmingham, 519 So.2d 465 (Ala.1987).

In the first appeal, we reversed the summary judgment for Jefferson Federal because of its failure to file a claim with the estate within six months from the grant of letters of administration, as required by Ala.Code 1975, § 43-2-350. In accordance with our decision in that case, the trial court entered summary judgment for Clark and either dismissed or entered summary judgment in favor of all of the defendant heirs.

Since our decision in Clark, however, the United States Supreme Court has spoken on the issue of whether constructive notice is sufficient to creditors of the estate. In Tulsa Professional Collection Services v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988), the creditor-collection service, as assignee of a claim for expenses connected with the decedent's extended hospital stay, did not file a claim within Oklahoma's two-month time period following publication of notice for two consecutive weeks in the local newspaper. After finding Oklahoma's non-claim statute a non-self-executing provision constituting state action (due to the probate court's involvement in appointing an executor), the Court held that constructive notice by publication in a paper is insufficient and that actual notice by mail is required where creditors are "known or reasonably ascertainable." In discussing the propriety of actual notice in such a context, the Court reasoned:

"Creditors, who have a strong interest in maintaining the integrity of their relationship with their debtors, are particularly unlikely to benefit from publication notice. As a class, creditors may not be aware of a debtor's death or of the institution of...

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4 cases
  • Minor Heights Fire Dist. v. Skinner
    • United States
    • Alabama Court of Civil Appeals
    • March 29, 2002
    ...complied with the requirements for the running of the nonclaims statute. See Ala.Code 1975, § 43-2-350(b); Jefferson Fed. Sav. and Loan Ass'n v. Clark, 540 So.2d 61 (Ala.1989). 11. The fire district apparently uses the tax-assessment roll to determine who is to receive notice of the service......
  • Clark v. Jefferson Federal Sav. and Loan Ass'n of Birmingham
    • United States
    • Alabama Supreme Court
    • October 19, 1990
    ...See Clark v. Jefferson Federal Savings & Loan Association of Birmingham, 519 So.2d 465 (Ala.1987), and Jefferson Federal Savings & Loan Association v. Clark, 540 So.2d 61 (Ala.1989). On the last appeal, this Court reversed the summary judgment for Robert F. Clark, as administrator of the es......
  • American Home Assur. Co. v. Gaylor
    • United States
    • Alabama Supreme Court
    • June 25, 2004
    ...490, 108 S.Ct. 1340 (citations omitted). This Court has applied the holding in Pope in other cases. See Jefferson Fed. Sav. & Loan Ass'n of Birmingham v. Clark, 540 So.2d 61 (Ala.1989), and Carter v. Beck, 598 So.2d 1390 In Carter v. Beck, 598 So.2d 1390 (Ala.1992), William Carter, Jr., was......
  • Carter v. Beck
    • United States
    • Alabama Supreme Court
    • May 22, 1992
    ...she knew of Carter's claim or had a reasonable means of ascertaining the existence of his claim. See Jefferson Federal Savings & Loan Ass'n of Birmingham v. Clark, 540 So.2d 61 (Ala.1989). The record shows that Carter did not notify anyone associated with Vaughn or his company until Februar......

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