Simmons v. Simmons
2011 Ala. Civ. App. LEXIS 352
Ala. Civ. App.2011Background
- John and Lori sued Anniebelle for breach of contract and misrepresentation regarding an alleged oral sale of a Prattville house by Donald Simmons and Anniebelle.
- Plaintiffs alleged they paid a $10,000 down payment and made mortgage payments under the promise of receiving title on payoff.
- Wingard, Anniebelle’s daughter, was joined as a party claiming joint ownership with right of survivorship.
- Trial evidence showed John and Lori occupied and paid for the house; Anniebelle paid the mortgage after Donald’s death.
- Trial court found an agreement existed, estopped Anniebelle from denying the contract, and voided a July 2008 deed while ordering a new deed to be issued.
- Anniebelle appealed, challenging joinder, the part-performance exception to the Statute of Frauds, and preservation of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Wingard properly joined and bound by judgment? | Wingard was effectively joined via waiver of service. | Wingard may not be bound without proper service or joinder. | Wingard joined by waiver; bound by judgment even if not properly served. |
| Does res judicata apply to Wingard as a non-party? | Wingard had notice and adequate opportunity to litigate, hence bound. | Wingard was not a formal party; issue not bound without joinder. | Wingard bound under Owen v. Miller and Mosley despite lack of formal joinder. |
| Did the part-performance exception to the Statute of Frauds apply? | Part-performance allowed enforcement of oral land contract. | No writing; possession must be exclusively referable to contract; family relation issue. | Trial court’s finding supported part-performance; but issue not preserved for appeal. |
| Was Anniebelle’s preserved challenge to the part-performance exception properly raised? | Court should evaluate, as argued below. | No proper preservation; argument not raised below. | Argument not preserved; judgment affirmed on other grounds. |
Key Cases Cited
- Owen v. Miller, 414 So.2d 889 (Ala. 1981) (non-party with close interest bound by judgment via res judicata)
- Mosley v. Builders South, Inc., 41 So.3d 806 (Ala.Civ.App.2010) (nonparty bound when interest closely tied and adequate opportunity to litigate)
- Ex parte Ramsay, 829 So.2d 146 (Ala.2002) (part-performance is a matter in avoidance of Statute of Frauds; burden shifts)
- Houston v. McClure, 425 So.2d 1114 (Ala.1983) (possession must be referable to contract to satisfy part-performance)
- Smith v. Equifax Services, Inc., 537 So.2d 463 (Ala.1988) (preservation of errors; affirm on any valid ground if supported)