Bullock v. Howton

168 So. 3d 1270, 2015 Ala. Civ. App. LEXIS 26, 2015 WL 403098
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 30, 2015
Docket2130987
StatusPublished
Cited by3 cases

This text of 168 So. 3d 1270 (Bullock v. Howton) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bullock v. Howton, 168 So. 3d 1270, 2015 Ala. Civ. App. LEXIS 26, 2015 WL 403098 (Ala. Ct. App. 2015).

Opinion

THOMPSON, Presiding Judge.

Alvin A. Bullock and Helen Bullock Johnson (“the Bullocks”) appeal from a judgment entered by the Madison Circuit Court (“the trial court”) determining that Donald W. Howton is the owner of a 3.48-acre tract of land (“the disputed property”).

On August 7, 1973, Grady H. Stapler, Howton’s predecessor in title, filed a complaint in the trial court, together with a survey of his property (“the 1973 survey”), seeking a judgment declaring the legal boundary lines between his property and the surrounding, contiguous properties. Stapler’s complaint named as defendants the owners, including the Bullocks, of the contiguous properties. Stapler’s complaint contained two descriptions of his property: the first was a general description referencing section lines (“the general description”), and the second was a more specific metes and bounds description (“the specific description”) that identified a fence line (“the original fence”) shown on the 1973 survey. According to the specific description and the 1973 survey, the original fence served as the southern boundary of Stapler’s property and as the northern boundary of the Bullocks’ property. Stapler’s complaint asked the trial court to establish the boundary lines, one of which he asserted was the original fence, set forth in the specific description and the 1973 survey as the “specific, actual[,] and true boundary lines” of his property. The Bullocks did not defend against Stapler’s action because, according to Helen, “[tjhere was nothing to disagree about.”

On January 25, 1974, the trial court entered a judgment (“the 1974 judgment”) in which it determined that “the boundary lines of [Stapler’s] property as relates to the defendants ... are as determined and represented on [the 1973 survey] ..., which are the same boundary lines as set out in [the specific description].” Thus, the 1974 judgment established the original fence as the boundary line between Stapler’s property and the Bullocks’ property.

On February 4, 1974, Stapler conveyed his property to Howton by means of a warranty deed (“the first deed”). Howton testified that he was aware of Stapler’s action to establish the boundary lines of Stapler’s property at the time he purchased the property. The first deed used both the general description and the specific description that had been used in both Stapler’s complaint and the trial court’s 1974 judgment.

Approximately one year later, Howton asked Stapler for another deed, and, on June 6, 1975, he received a second deed (“the second deed”) from Stapler that conveyed essentially the same property as the first deed conveyed. However, at How-ton’s request, the second deed contained only the general description of the property referencing the section lines; it did not include the specific description referencing the original fence that had been used in Stapler’s complaint, the 1974 judgment, and the first deed. Howton testified that he had requested the second deed because he did not want the southern boundary of his property to be limited to the location of the original fence but, instead, wanted his property to extend to the section line, which lies south of the original fence. However, Howton admitted that, according to the 1973 survey and the 1974 judgment, the original fence is the boundary line between his property and the Bullocks’ property.

In 2011, Howton built a new fence (“the new fence”) enclosing the disputed property. The new fence runs along the section line, which is essentially parallel to the original fence and is approximately 380 feet south of the original fence. On October 15, 2012, Howton filed a complaint in [1272]*1272the trial court to quiet title to the property that he had received from Stapler, as well as the disputed property, which is located between the original fence and the new fence. Howton alleged that, because the second deed identifies the section line as the southern boundary of his property, the new fence constitutes the true southern boundary line.

On December 27, 2012, the Bullocks filed an answer in which they denied that Howton was the owner of the disputed property; they also filed a counterclaim in which they alleged that the new fence constitutes a continuing trespass and sought a declaration that they are the true owners of the disputed property. On July 2, 2013, the Bullocks amended their answer and asserted res judicata as an affirmative defense. In support of the res judicata defense, the Bullocks argued that the boundary line between Howton’s property and the Bullocks’ property had been determined by the 1974 judgment to be the original fence and, thus, that Howton was precluded from bringing the present action.

On March 5, 2014, the trial court entered a judgment determining that How-ton was the owner of the disputed property. Among other things, the judgment stated, in pertinent part:

“Relief for the plaintiff is not barred in this action by res judicata by the [1974] judgment.... There is no substantial identity between the parties in that proceeding and the instant case; and the two cases involve substantially different causes of action.”

On March 25, 2014, the Bullocks filed a motion to alter, amend, or vacate the judgment, which was denied by operation of law on June 23, 2014. See Rule 59.1, Ala. R. Civ. P. The Bullocks appealed to our supreme court, which transferred the appeal to this court pursuant to § 12-2-7(6), Ala.Code 1975.

The Bullocks raise three issues on appeal: (1) whether the trial court erred in finding that there was not a substantial identity of the parties; (2) whether the trial court erred in finding that Stapler’s action and Howton’s action involved different causes of action; and (3) whether the trial court erred in failing to find that the new fence constitutes a trespass on the Bullocks’ property.

“[T]he application of [the doctrine of res judicata] is a question of law. Thus, the appropriate standard of review is de novo.” Walker v. Blackwell, 800 So.2d 582, 587 (Ala.2001).

‘“The elements of res judicata, or claim preclusion, are (1) a prior judgment on the merits, (2) rendered by a court of competent jurisdiction, (3) with substantial identity of the parties, and (4) with the same cause of action presented in both suits. Hughes v. Allenstein, 514 So.2d 858, 860 (Ala.1987). If those four elements are present, any claim that was or could have been adjudicated in the prior action is barred from further litigation.’ ”

Webb v. City of Demopolis, 14 So.3d 887, 894 (Ala.Civ.App.2008) (quoting Dairyland Ins. Co. v. Jackson, 566 So.2d 723, 725 (Ala.1990)). The first two elements of res judicata are not in dispute in this case; it is the third and fourth elements that are dispositive.

Res judicata requires that there be a substantial identity of the parties in both the first action and the second action in which the defense of res judicata is asserted. In this case, the Bullocks were defendants in the action resulting in the 1974 judgment, and they are defendants in the present action. Thus, there is clearly substantial identity regarding the Bullocks.

[1273]*1273Howton, on the other hand, was not a party to the action resulting in the 1974 judgment. However, “ ‘the “party identity criterion of res judicata does not require complete identity, but only that the party against whom res judicata is asserted was either a party or in privity with a party to the prior action

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Bluebook (online)
168 So. 3d 1270, 2015 Ala. Civ. App. LEXIS 26, 2015 WL 403098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullock-v-howton-alacivapp-2015.