Williams v. Mari Props., LLC, 1190555
| Court | Supreme Court of Alabama |
| Writing for the Court | STEWART, Justice. |
| Citation | 329 So.3d 1237 |
| Parties | Eleanor WILLIAMS v. MARI PROPERTIES, LLC |
| Decision Date | 18 December 2020 |
| Docket Number | 1190555 |
329 So.3d 1237
Eleanor WILLIAMS
v.
MARI PROPERTIES, LLC
1190555
Supreme Court of Alabama.
December 18, 2020
M. Wayne Wheeler and Larry R. Boothe, Jr., of M. Wayne Wheeler, P.C., Birmingham, for appellant.
Matthew J. Hornsby of Hornsby & Hornsby, Attorneys at Law, Birmingham, for appellee.
STEWART, Justice.
Eleanor Williams appeals from an order of the Jefferson Probate Court ("the probate court") denying her request for redemption of certain real property. Because we determine that the probate court lacked jurisdiction to enter the order appealed from, we dismiss the appeal.
Facts and Procedural History
In 2003, the State of Alabama purchased property located on 45th Street North in Birmingham ("the property") at a tax sale after the then owners, Benjamin and Marzella Rosser, failed to pay ad valorem taxes. The State sold the property in 2016 for $1,000 to Waynew Global Holdings, LLC ("WGH"). In February 2017, WGH sold the property to Mari Properties, LLC ("Mari"), for $5,000, and Mari recorded the deed to the property.1
In September 2017, Williams filed in the probate court a petition for redemption of the property under § 40-10-120, Ala. Code 1975, with which she tendered $1,100. Williams claimed that she inherited the property from the Rossers in or around March 2003. Williams named WGH and Mari as defendants, although WGH was dismissed from the action voluntarily.
The probate court entered an order on September 10, 2019, granting Williams's petition for redemption and ordering Williams to pay $1,100, plus interest, and any taxes paid or owing to the Jefferson County tax collector and any insurance premiums previously paid, with interest. In the order, the probate court directed Mari to compute and submit the amount of those items and stated that, upon receipt of those figures, the probate court would enter an amendment to the order and direct payment by Williams. The probate court did not vest title of the property in Williams. In addition, the probate court noted that it was retaining jurisdiction to make any other necessary orders.2
On October 8, 2019, Mari filed a motion to vacate the September 10, 2019, order in which it asserted that the probate court lacked subject-matter jurisdiction over the redemption petition because, it argued, Williams was required under § 40-10-120, Ala. Code 1975, to redeem the property through statutory redemption within three years of the May 13, 2003, tax sale. Mari contended in the motion that the only redemption process available to Williams was judicial redemption under § 40-10-83, Ala. Code 1975, and that the Jefferson Circuit Court had exclusive jurisdiction over that process.
On October 9, 2019, Mari filed a notice of appeal to the Jefferson Circuit Court ("the circuit court"). On October 28, 2019, the probate court entered an order transferring the documents in the probate-court record to the circuit court. The record on appeal before this Court is devoid of any filings, orders, or other documents from the circuit court.
Despite Mari's filing of the notice of appeal to the circuit court, the parties continued filing documents in the probate court. On January 3, 2020, Williams filed in the probate court a response in opposition to Mari's motion to vacate, asserting that the probate court had jurisdiction concurrent with the circuit court to consider judicial redemption because, she alleged, Act No. 1144, Ala. Acts 1971, a general act of local application to Jefferson County, provides that the probate court has concurrent jurisdiction with the circuit court on matters of equity. On January 9, 2020, the probate court entered an order stating that Mari's motion to vacate had been denied by operation of law under Rule 59.1, Ala. R. Civ. P. On January 10, 2020, Mari filed a renewed motion to vacate the September 10, 2019, order, purportedly under Rule 60(b)(4), Ala. R. Civ. P., but asserted identical grounds as those contained in its previous motion to vacate. On February 6, 2020, the probate court entered an order stating:
"This matter having been previously transferred by this Court to the Circuit Court of Jefferson County, Alabama, and the matter having not been docketed in Circuit Court, the matter is hereby
recalled by the Probate Court of Jefferson County, Alabama from the Circuit Court of Jefferson County, Alabama. The Circuit Court is hereby requested to transfer the file back to the Probate Court for further adjudication."
On February 27, 2020, Williams filed a response in opposition to Mari's second motion to vacate and a motion seeking a correction of the...
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Erskine v. Guin, 1200401
...against all the parties in this case, and there is no valid, final judgment for this Court to review."); Williams v. Mari Props., LLC, 329 So.3d 1237, 1240 (Ala. 2020) ("[W]hen a final judgment is appealed from the probate court ..., the probate court is without jurisdiction to proceed furt......
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H.A.A. v. B.J.J., 2200928
...at___. A judgment entered without jurisdiction is void, and a void judgment cannot support an appeal. See Williams v. Mari Props., LLC, 329 So.3d 1237, 1240 (Ala. 2020). We therefore dismiss the appeal with instructions to the juvenile court to vacate its judgment and to conduct any further......
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Varden Capital Props., LLC v. Reese, 1190692
...researching and deciding legal issues, a task for which the trial court is well equipped and to which it equally is assigned. See, e.g., 329 So.3d 1237 Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010) (noting that "[c]ourts traditionally will find that a substantial ground for dif......
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Erskine v. Guin, 1200401
...against all the parties in this case, and there is no valid, final judgment for this Court to review."); Williams v. Mari Props., LLC, 329 So.3d 1237, 1240 (Ala. 2020) ("[W]hen a final judgment is appealed from the probate court ..., the probate court is without jurisdiction to proceed furt......
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H.A.A. v. B.J.J., 2200928
...at___. A judgment entered without jurisdiction is void, and a void judgment cannot support an appeal. See Williams v. Mari Props., LLC, 329 So.3d 1237, 1240 (Ala. 2020). We therefore dismiss the appeal with instructions to the juvenile court to vacate its judgment and to conduct any further......
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Varden Capital Props., LLC v. Reese, 1190692
...researching and deciding legal issues, a task for which the trial court is well equipped and to which it equally is assigned. See, e.g., 329 So.3d 1237 Couch v. Telescope Inc., 611 F.3d 629, 633 (9th Cir. 2010) (noting that "[c]ourts traditionally will find that a substantial ground for dif......
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Tompkins v. Pendleton, 2210288
...See id. A judgment entered without jurisdiction is void, and a void judgment cannot support an appeal. See Williams v. Mari Props., LLC, 329 So.3d 1237, 1240 (Ala. 2020). We therefore dismiss Tompkins's appeal to this court with instructions to the circuit court to vacate its judgment and t......