Stewart v. Williams

123 So. 3d 969, 2013 WL 1165383, 2013 Ala. Civ. App. LEXIS 71
CourtCourt of Civil Appeals of Alabama
DecidedMarch 22, 2013
Docket2110725
StatusPublished

This text of 123 So. 3d 969 (Stewart v. Williams) 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
Stewart v. Williams, 123 So. 3d 969, 2013 WL 1165383, 2013 Ala. Civ. App. LEXIS 71 (Ala. Ct. App. 2013).

Opinion

PITTMAN, Judge.

Angie E. Stewart appealed to the Supreme Court of Alabama from a judgment of the Baldwin Circuit Court that awarded Richard F. Williams $59,500 in damages for Stewart’s slander of title to property owned by Williams. The supreme court transferred the appeal to this court pursuant to § 12-2-7(6), Ala.Code 1975. We reverse.

On September 25, 2008, Williams filed a complaint alleging that Stewart had slandered the title to rental property he owned in Robertsdale and had interfered with the contractual or business relations between him and his tenant, Troy Anders. Williams asserted that he and Anders had executed a written contract on March 3, 2008, pursuant to which Anders had agreed to renovate the house that Anders was leasing from Williams and to purchase the house from Williams for $125,000, with Anders paying Williams $100,000 at the closing of the sale on July 14, 2008, and Williams financing the balance of $25,000 at 10% interest. Williams further asserted that Stewart had agreed to help Anders with the renovation project by allowing Anders to charge materials for the project on her Lowe’s and Home Depot store credit cards and to pay Stewart back over time. Finally, Williams alleged that, on July 11, 2008 (three days before the alleged closing), Stewart had filed in the probate court of Baldwin County a lien in the amount of $50,000 against Williams’s property, thereby preventing, according to Williams, the sale of the property because the lender had refused to loan Anders the funds to purchase the house.

Stewart answered, generally denying the material allegations of the complaint, and counterclaimed, seeking to enforce the lien or to require Williams to pay her $50,000, the amount by which, Stewart said, Williams had been unjustly enriched. In addition, Stewart filed a third-party complaint against Anders, alleging that Anders had agreed to finance the purchase of the property in an amount sufficient not only to pay Williams but also to repay her for the materials that she had provided for the renovation project. On January 5, 2009, after Anders had failed to answer or otherwise defend Stewart’s third-party complaint, the trial court entered a default judgment against Anders and in favor of Stewart in the amount of $44,961.78.

In deposition testimony, Stewart stated that she and Williams had accompanied Anders to Lowe’s and Home Depot stores when the renovation materials had been purchased. She testified that Williams had been present when she had paid for the materials with her credit cards and that Williams had used his truck to haul the materials to the rental house. Stewart explained that her agreement with Anders required Anders to make the minimum monthly payments on her credit-card indebtedness for the renovation materials and to pay her the balance of the indebtedness, plus 25% interest as an interior-design fee, at or near the time of the closing. Stewart said that Anders had stopped communicating with her on May 24, 2008, and had failed to make any further monthly payments on her credit-card indebtedness.

When the case was called for a bench trial on September 26, 2011, the trial court stated that it was entering a default because neither Stewart nor her attorney had appeared and that Williams would present testimony, presumably as to damages. Soon thereafter, the court noted for the record that Stewart’s attorney had “just walked into the courtroom,” after [971]*971which the parties presented evidence as to the merits of the case.

At trial, Stewart acknowledged that she had never informed Williams that, if An-ders did not repay her, she would look to Williams for payment. She also acknowledged that she had filed the lien against Williams’s property in order to stop the closing on the sale of the property because, she said, she had received information indicating that Anders would not have sufficient funds at the closing both to purchase the house from Williams and to pay her what he owed her.

Williams presented the testimony of Robert McCorkindale II, a mortgage consultant who had worked with a lender to secure a loan for Anders. McCorkindale said he had ordered an appraisal of the renovated house. Edward Bufkin presented documentary evidence indicating that at the direction of Fidelity Mortgage Company (“Fidelity”) he had appraised the renovated house for $187,000 on August 7, 2008.

Williams testified that Anders had continued to remain in the house as a tenant until May 2010, 22 months after the date he claimed the parties had planned to close the sale of the house. Although Williams referred throughout the trial to the “closing date” of July 14, 2008, he presented no evidence indicating (a) that Fidelity or any other lender had actually agreed to loan funds to Anders, (b) that a closing date had ever been scheduled, or (c) that the existence of the lien had caused a lender not to make a loan to Anders. At the time of trial, neither party had been able to locate Anders and his whereabouts were unknown. Williams testified that, before Anders had left the rental house, Anders had removed many of the improvements he had made to the house, including appliances, interior doors, flooring, light fixtures, and a bathtub. Williams acknowledged that he had not investigated Anders’s credit history before he had agreed to sell the house to Anders. Stewart presented evidence indicating that judgment liens totaling nearly $54,000 had been filed against Anders in the probate court of Baldwin County in 2004 and 2005.

During the parties’ closing arguments at trial, the following occurred:

“THE COURT: Okay. All right, Mr. Shepherd [counsel for Williams], what evidence is there that this closing would have taken place but for the lien?
“MR. SHEPHERD: Your Honor, the judgments don’t stop Mr. Anders, if that is the same Mr. Anders. One can buy property with the judgment, it’s the selling of the property—
“THE COURT: He can buy it, but /all haven’t proved that he would have gotten a mortgage loan.
“MR. SHEPHERD: Judge, with Fidelity—
“THE COURT: With what?
“MR. SHEPHERD: With Fidelity. Fidelity — Judge, what we have shown is that Fidelity sent an appraiser out there to get an appraisal for this property.
“THE COURT: Right. And, Fidelity would have had a title check run and they would have seen the statement of lien, and I agree, that would stop the closing. I mean, there are two separate questions. One is, would [Anders] have qualified for a mortgage loan. And, I mean, there is no evidence that there was a commitment from any mortgage company other than that an appraisal company was hired.
“MR. SHEPHERD: That’s correct. We have an appraised value and we have a contract showing what the purchase amount was to be. We could not locate — so I couldn’t produce a closing agent.
[972]*972“THE COURT: All right. I suspect because there wasn’t one.
“MR. SHEPHERD: Well, it didn’t happen. That’s true, there wasn’t.
“THE COURT: I mean, a mortgage package was never sent to any closing agent or at least there is no evidence that one was.
“Well, what is clear from the evidence is that [Anders] took advantage of two people to their detriment.

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Bluebook (online)
123 So. 3d 969, 2013 WL 1165383, 2013 Ala. Civ. App. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-williams-alacivapp-2013.