Maclin v. Congo
106 So. 3d 405
Ala. Civ. App.2012Background
- Congos filed a 2009 complaint against Brotherton (deceased) and others for injuries from a June 7, 2007 collision with Congo Towing’s tow truck.
- Debro filed limited appearances challenging service, asserting Brotherton died in 2008 and that no estate had been opened; the trial court granted the motion to quash on September 8, 2009.
- Congos moved to appoint T. Mark Maclin as administrator ad litem for Brotherton’s estate under Rule 25 and § 43-2-250; Debro responded contesting representation of no estate.
- December 2009: amended complaint added Progressive; affidavits indicated Brotherton died in Missouri, no Alabama estate opened, and Shelter insured Brotherton with no Alabama license to transact insurance.
- December 17, 2009: trial court appointed Maclin as administrator ad litem and substituted him as a defendant; Debro sought revocation but was denied January 11, 2010.
- January 2012: jury found for Congo; after post-judgment motions, Maclin noted an appeal on March 13, 2012; the appellate court dismissed the appeal for lack of jurisdiction, identifying the action as void ab initio.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court have subject-matter jurisdiction? | Congos rely on proper representation under Rule 25 and § 43-2-250. | Maclin contends no estate existed to represent Brotherton and no jurisdiction. | No jurisdiction; action void ab initio; appeal dismissed. |
Key Cases Cited
- A.E. v. M.C., 100 So.3d 587 (Ala.Civ.App.2012) (voidity of proceedings when no estate exists; lack of subject-matter jurisdiction)
- Ex parte Owens, 65 So.3d 953 (Ala.Civ.App.2010) (absence of subject-matter jurisdiction requires dismissal)
- Moore v. John Hancock Life Ins. Co., 876 So.2d 443 (Ala.2003) (void judgments cannot support appeals)
- Reed v. White, 80 So.3d 949 (Ala.Civ.App.2011) (void judgment cannot be appealed)