Paul Hard v. Attorney General, State of Alabama

648 F. App'x 853
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 20, 2016
Docket15-13836
StatusUnpublished
Cited by4 cases

This text of 648 F. App'x 853 (Paul Hard v. Attorney General, State of Alabama) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul Hard v. Attorney General, State of Alabama, 648 F. App'x 853 (11th Cir. 2016).

Opinion

PER CURIAM:

Pat Fancher appeals the dismissal of this case and the distribution of proceeds from a wrongful death settlement from her son’s estate to his spouse, Paul Hard. She argues that, because the State of Alabama .declined to recognize her son’s marriage to Hard at the time of her son’s death, she is entitled to the remaining portions of the wrongful death settlement under Alabama law of intestate succession. Upon review of the record and consideration of the parties’ briefs, we affirm.

*854 I.

Paul Hard and David Fancher were married in Massachusetts on May 20, 2011. The couple returned home to Alabama after their wedding. At that time, Alabama refused to recognize same-sex marriages under the state’s Sanctity of Marriage Amendment. Ala. Const. Art. I, § 36.03.

On August 1, .2011, David Fancher was traveling on the interstate when his vehicle collided with a United Parcel Service (“UPS”) tractor trailer. He died that day. Fancher’s death certificate indicated that he was “Never Married,” and the space for the name of the “Surviving Spouse” was left blank.

In 2012, David Fancher’s estate filed a wrongful death lawsuit against UPS. Although David Fancher had named Hard as the sole beneficiary of his will, Alabama law dictates that estates disburse wrongful death proceeds according to the laws of intestate succession regardless of whom the deceased named as beneficiaries. Ala. Code. § 6-5-410(c). If there are no children, but there is at least one surviving parent, a surviving spouse receives the first $100,000 plus one half of the balance of the wrongful death proceeds. See id. § 43-8-41(2). If there is also no surviving spouse, the estate passes to the parents. See id. § 43-8-42(2).

In December 2013, Hard filed this lawsuit against various Alabama state officials and the administrator of David Fancher’s estate seeking, among other relief: (1) a declaration that Alabama’s laws prohibiting the recognition of lawful same-sex marriages was unconstitutional and an injunction requiring Alabama officials to recognize marriages of same-sex couples entered in other jurisdictions; (2) an injunction requiring Alabama to correct David Fancher’s death certificate to reflect his marriage to Hard; and (3) an injunction ordering David Fancher’s estate to distribute the spousal share of any wrongful death settlement to Hard. Pat Fancher sought to intervene in the case, arguing that, as David Fancher’s mother, she was entitled to the full proceeds from the wrongful death settlement because Hard was not David Fancher’s surviving spouse. The district court granted her unopposed motion to intervene.

In February 2014, the administrator of David Fancher’s estate agreed to set aside the spousal share of any proceeds from the wrongful death suit until the district court determined whether Hard was David Fancher’s surviving spouse. Several months later, the estate settled with UPS. The estate’s administrator paid about half of the wrongful death proceeds, after attorneys’ fees, to Pat Fancher because neither party disputed that as David Fancher’s mother she was due those proceeds under Alabama law. The administrator held in a private trust the settlement’s spousal share, totaling over half a million dollars, pending the outcome of this lawsuit.

A district court in the Southern District of Alabama declared Alabama’s same-sex marriage ban unconstitutional on January 23, 2015. Searcy v. Strange, 81 F.Supp.3d 1285 (S.D.Ala.2015). On February 9, 2015, the Alabama State Registrar of Vital Statistics issued an amended death certificate recognizing David Fancher’s marriage to Hard. Shortly thereafter, the district court permitted the administrator of the estate to intervene in this case for the limited purpose of paying the disputed settlement proceeds from the private trust into the court’s registry.

In March 2015, the district court stayed this case pending the United States Supreme Court’s resolution of Obergefell v. Hodges, which considered the constitutionality of state bans on same-sex marriage. *855 Three months later, the Supreme Court held that same-sex marriage is a fundamental right under the United States Constitution. Obergefell v. Hodges, — U.S. —, 135 S.Ct. 2584, 2604, 192 L.Ed.2d 609 (2015).

After Obergefell, Hard moved to lift the stay of the case and to disburse to him the .spousal share of the settlement proceeds. Shortly thereafter, the Alabama Attorney General moved to dismiss the case on the ground that the claims against him were moot. The Attorney General explained that Hard already had received the relief he sought against the Attorney General because (1) the Attorney General already was subject to (and complying with) an injunction that prohibited him from enforcing Alabama’s same-sex marriage ban; (2) the Supreme Court’s decision in Obergefell held that the Fourteenth Amendment required states to issue marriage licenses to same-sex couples; and (3) the State of Alabama had issued an amended death certifícate reflecting David Fancher’s marriage to Hard, In essence, the Attorney General argued, the district court could no longer enter any effective relief.

On July 15, 2015, the district court granted Hard’s motion to lift the stay and to disburse the funds. At the same time, the district court granted the Attorney General’s motion to dismiss the case for mootness and denied the pending motions for summary judgment without reaching the merits.

The next day, Pat Fancher filed a Motion to Set Aside Order of Dismissal in which she argued that unless Obergefell applies retroactively, the amended death certificate was invalid. She contended that because Alabama law did not recognize David Fancher’s marriage at the time of his death, she was entitled to the entirety of the wrongful death settlement. The district court denied the motion and ordered the Clerk of Court to distribute the spousal share of the settlement proceeds to Hard. The district court then entered a final judgment. Pat Fancher appeals the final judgment and the orders dismissing the ease, denying the motion to set aside the dismissal, and directing the disbursement of funds.

II.

We review de novo a dismissal for mootness. See Nyaga v. Ashcroft, 323 F.3d 906, 912 (11th Cir.2003). We review a district court’s denial of a motion for reconsideration for an abuse of discretion. Richardson v. Johnson, 598 F.3d 734, 740 (11th Cir.2010). And we review the district court’s decision to release funds held in the court’s registry for an abuse of discretion. See Zelaya/Capital Int’l Judgment, LLC v. Zelaya, 769 F.3d 1296, 1300 (11th Cir.2014) (reviewing for abuse of discretion the decision to allow a party to deposit disputed funds into the court’s registry); Nippon Credit Bank, Ltd. v. Matthews, 291 F.3d 738

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Bluebook (online)
648 F. App'x 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-hard-v-attorney-general-state-of-alabama-ca11-2016.