Campbell et al. v. Taylor et al.

A series of appeals before the Alabama Supreme Court involved a challenge to the disposition of the estate of A.V. Campbell, Sr., who died in 1977. He had at least four children: A.V. Campbell, Jr., William J. Campbell, Sr., Ethel C. Taylor, and Archie Paul Campbell. His will was admitted to probate in 1977; those proceedings languished in the probate court until 2005. During this time, A.V., Jr., and Archie Paul Campbell died. Ethel was ultimately named the executrix of the estate. In 2005, Gladys Campbell, one of Archie Paul Campbell's descendants, filed a petition to remove the probate proceedings to the Baldwin Circuit Court. She alleged, among other things, that Ethel, as the executrix, had failed to have the estate's property devised under the terms of the will. After several hearings, in 2006, the circuit court issued a judgment that, among other things, distributed property according to the testator's will. Specifically, certain property was awarded separately to (1) Ethel, (2) to Paula and Gladys, and (3) to "the heirs at law of William J. Campbell[, Sr.]." Jewel appealed that judgment, and the Supreme Court affirmed without issuing an opinion. In 2009, the underlying action was filed in the Baldwin Circuit Court: plaintiffs purported to be the heirs of William J. Campbell, Sr. Some plaintiffs participated in the 2005 circuit court action; others did not. This new action was described as a "complaint to set aside judicial decree" and was alleged to be filed "pursuant to Rule 60(b) of the Alabama Rules of Civil Procedure as an independent action to set aside the 2006 judgment. The plaintiffs contended that, as the heirs of William J. Campbell, Sr., they were also heirs of A.V. Campbell, Sr., and were thus entitled to certain ownership interests in the property distributed in the 2005 circuit court action. Furthermore, plaintiffs alleged that they had not all been "named as parties" in the 2005 circuit court action at the time of the final adjudication," and "not subject to" and "not bound by" the 2006 judgment, and they asked that it be set aside. After various motions and after granting a motion by the defendants to strike certain affidavit testimony filed by plaintiffs, the trial court entered summary judgment in favor of Ethel. Plaintiffs appealed, and the Court of Civil Appeals dismissed the appeal as being from a nonfinal judgment. Proceedings resumed in the trial court; Ethel and the remaining defendants moved for a summary judgment. In case no. 1110057, plaintiffs appealed the summary judgment in favor of the defendants. In case no. 1110104, Paula and Gladys cross-appealed the trial court's denial of their motion to strike. In case no. 1110057, Jewel Campbell, Acie A. Campbell, William J. Campbell, Jr., Roy J. Campbell, Eva Campbell, William C. Campbell, Kelly Calvert, and Amanda Givens appealed summary judgment in favor of Ethel C. Taylor, Paula Buettner, Gladys A. Campbell, Jason Bennett, and Mendi Bennett. In case no. 1110104, Paula Buettner and Gladys A. Campbell cross-appealed the denial of their motion to strike certain affidavits filed by plaintiffs in opposition to the defendants' summary judgment motion. The Supreme Court affirmed the judgment in case no. 1110057; its holding in case no. 1110057 rendered moot the cross-appeal in case no. 1110104. View "Campbell et al. v. Taylor et al. " on Justia Law