Business Lawyer Alabama State Supreme Court Significant Decision

In a potential procedural case of first impression in the practice area of business litigation, the State Supreme Court of Alabama in Ex parte Northstar Battery Company, LLC, No. 1110612 (Ala., June 1, 2012), granted a writ of mandamus ordering the trial court to dismiss an action against an out-of-state business entity due to lack of personal jurisdiction.  The defendant, Northstar Battery Company, LLC whose principal place of business is located in Springfield, Missouri, presented evidence addressing the claimed lack of personal jurisdiction in its motion to dismiss.  However, the majority opinion decided to grant the motion solely on the ground that there was not an allegation in the complaint that supported personal jurisdiction against the defendant.  Therefore, the court held the burden never shifted to the defendant to present evidence refuting the personal jurisdiction issue.  In the absence of such an allegation, the court held the case was due to be dismissed. Justice Murdock, while concurring, stated that the Rules of Civil Procedure do not require an allegation of facts supporting personal jurisdiction against a defendant.  However, based on the evidence that had been presented by the defendant he concurred in the result.

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Real Estate Lawyer Alabama State Supreme Court Significant Decision

Real estate lawyers and people impacted by real estate law should take note of a recent decision by the Alabama State Supreme Court. On August 17th, 2012 in Limestone Creek Developers, LLC v.Trapp, No.1110838 (Ala., August 17, 2012), the court held that a contract between the developer and an investor was void. The investor bought a number of lots in the subdivision, and the contract was void because the parties entered into the contract before the county had approved the subdivision.  According to Alabama Code section 11-24-2(a) sales or offers of lots to the public in a future subdivision must not be made until the county approves the subdivision.  The developer in this case argued he was not a member of the “public” as defined by this code section.  The county in a resolution had prohibited all sales before approval for the purpose of creating, establishing or modifying a subdivision, and the Court held the contract violated this provision.

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Clute Law Firm Website

Welcome to our new website!

We are excited to present to you our new website (http://clutelawfirm.com). We are very pleased with the look of our site and the ease of navigation. If you have any feedback for us that will help to improve our site, please let us know by going here and providing your feedback.

Bob and Rob Clute-Clute Law Firm

Bob and Rob Clute-Clute Law Firm

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