Holsbrooks v. Stacy

830 So. 2d 708, 2002 Ala. LEXIS 103, 2002 WL 511488
CourtSupreme Court of Alabama
DecidedApril 5, 2002
Docket1000633
StatusPublished
Cited by1 cases

This text of 830 So. 2d 708 (Holsbrooks v. Stacy) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holsbrooks v. Stacy, 830 So. 2d 708, 2002 Ala. LEXIS 103, 2002 WL 511488 (Ala. 2002).

Opinions

MOORE, Chief Justice.

This case concerns the effect of Amendment No. 332, Ala. Const.1901, on Act No. 99-427, Ala. Acts 1999, which deals with the pay of judicial officers in the State of Alabama. We affirm the judgment of the trial court, but on an alternative rationale.

I. Background

Act No. 99-427, Ala. Acts 1999 (“the Act”), became law on June 10, 1999. The purpose of the Act was to create a uniform compensation system for judicial officers throughout the State. In order to fund this system, the Act increased docket fees in all civil cases. In Bibb County, the docket fees increased from $110 to $140; those fees are collected by the circuit clerk, John Stacy. Randall Holsbrooks had filed an action in the Bibb Circuit Court; the docket fee he was charged included the increase authorized by the Act. Holsbrooks then sued Stacy and State Treasurer Lucy Baxley,1 in their official capacities, arguing that this increase was unconstitutional.

Holsbrooks sought declaratory and in-junctive relief on the grounds that the Act violated Amendment No. 332, Ala. Const. 1901 (“the Amendment”). Stacy and Bax-ley filed a motion to dismiss, which the trial court granted on November 14, 2000. Holsbrooks filed a motion to alter, amend, or vacate the judgement of dismissal and requested a hearing on his motion. The trial court denied the motion without a hearing on January 2, 2001.

The Amendment reads, in pertinent part:

“The legislature may, • from time to time, by general or local laws applicable to or operative in Bibb county and approved by a majority of the qualified electors of Bibb county at a referendum election, fix, regulate, and alter the costs and charges of court and the fees, commissions, allowances, and salaries, ... to be charged or received by ... the circuit clerk and the register....”

Both sides stipulate that no referendum election was held in Bibb County before the clerk began collecting the increased docket fees called for by the Act. Hols-brooks contends first that the trial court erred in denying the request for a hearing before ruling on his motion to alter, amend, or vacate. Second, he argues that the Act is unconstitutional because no referendum election was held in Bibb County on the fee increase and that, therefore, this Court should declare it void.

II. Analysis

A. The Motion to Alter, Amend, or Vacate

Holsbrooks cites Walls v. Bank of Prattville, 554 So.2d 381 (Ala.1989), for the proposition that “where a hearing on a [postjudgment motion] is requested pursuant to Rule 59(g)[, Ala. R. Civ. P.], the trial court errs in not granting such a hearing.” 554 So.2d at 382. In Walls, the Court ruled that the denial of the hearing constituted reversible error, and Holsbrooks believes the same result is warranted in this case. However, the Court in Walls explicitly made the question whether the denial of a postjudgment motion without a hearing constitutes reversible or harmless error dependent upon the facts of the particular case, stating, “Because we determine that there is probable merit in-the motion, [710]*710we hold that the error, under the circumstances of this case, does not fall within the harmless error rule. Compare Greene v. Thompson, 554 So.2d 376 (Ala.1989).” Walls, 554 So.2d at 382 (emphasis added).

In Greene v. Thompson, 554 So.2d 376, 381 (Ala.1989), the Court stated:

“Harmless error occurs, within the context of a Rule 59(g) motion, where there is either no probable merit in the grounds asserted in the motion, or where the appellate court resolves the issues presented therein, as a matter of law, adversely to the movant, by application of the same objective standard of review as that applied in the trial court.”

The issues in this case involve only questions of law pertaining to statutory construction; thus, the standard of review is de novo. See Taylor v. Cox, 710 So.2d 406 (Ala.1998). Because this Court reaches the same conclusion as did the trial court, albeit by a different rationale, the trial court’s judgment is due to be affirmed. Thus, according to Greene, the trial court’s denial of a hearing on Hols-brooks’s postjudgment motion constitutes harmless error.

B. The Amendment and the Act

1. The Trial Court’s Rationale

In McGee v. Borom, 341 So.2d 141 (Ala. 1976), the Court elaborated on a principle of constitutional interpretation that plays a vital part in, our determination of this case. The Court stated:

“The [Alabama] Constitution is a document of the people. Words or terms used in that document must be given their ordinary meaning common to understanding at the time of its adoption by the people.... We are, therefore, not at liberty to disregard or restrict the plain meaning of the provisions of the Constitution.”

341 So.2d at 143.

The trial court claimed to follow this principle, saying that “[a] plain reading of Amendment No. 332 does not require a referendum election to be held in Bibb County approving Act 99-427 as it applies to Bibb County.” We likewise follow this principle in reading the Amendment. The trial court believed no election was necessary because of the wording of the second paragraph of the Amendment. That paragraph states:

“In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officers in Bibb county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any officer in Bibb county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.”

Amend. No. 332, Ala. Const.1901 (emphasis added).

The trial court reasoned that “the word ‘theretofore’

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pinigis v. Regions Bank
977 So. 2d 446 (Supreme Court of Alabama, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
830 So. 2d 708, 2002 Ala. LEXIS 103, 2002 WL 511488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holsbrooks-v-stacy-ala-2002.