D.R. Horton, Inc.-Birmingham v. Bellaton Property Owners Association, Inc.

• Court: Supreme Court of Alabama
• Decided: April 28, 2023
• Docket: 2022-0662
• Status: Published

Opinion

Rel: April 28, 2023

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA OCTOBER TERM, 2022-2023

_________________________

SC-2022-0662 _________________________

D.R. Horton, Inc.-Birmingham

v.

Bellaton Property Owners Association, Inc.

Appeal from Baldwin Circuit Court (CV-20-900389)

STEWART, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(B), Ala. R. App. P.

Shaw, Wise, Bryan, Mendheim, and Mitchell, JJ., concur. SC-2022-0662

Parker, C.J., concurs in part and dissents in part, with opinion.

Sellers, J., dissents, without opinion.

Cook, J., recuses himself.

2 SC-2022-0662

PARKER, Chief Justice (concurring in part and dissenting in part).

I dissent from affirming the Baldwin Circuit Court's judgment in

favor of Bellaton Property Owners Association, Inc. ("the Association"),

with regard to the Association's breach-of-contract claim against D.R.

Horton, Inc.-Birmingham. I concur in affirming the judgment with

regard to all other claims.