author: PER CURIAM. DONALDSON, Judge,

text:
    Margaret Ann HARRISON v. Boyde Jerome HARRISON.
    2150138.
    Court of Civil Appeals of Alabama.
    June 10, 2016.

      Paige P. Yarbrough, Judith S. Critten-den, Kelli Hogue Mauro, and Fred Wood, Birmingham, for appellant.
    Jonathan B. Lowe and Matthew LeDuke of Lowe Mobley Lowe & LeDuke, Haley-ville, for appellee.
   PER CURIAM.

Margaret Ann Harrison (“the wife”) appeals from a June 25, 2015, order of the Winston Circuit Court (“the trial court”) declaring valid the prenuptial agreement entered into between the wife and Boyde Jerome Harrison (“the husband”). Because this appeal is from a nonfinal order, we remand the ease for the trial court to enter an order certifying the June 25, 2015, order as final pursuant to Rule 54(b), Ala. R. Civ. P., if, in its discretion, the trial court determines that such a certification is appropriate.

On August 18, 2011, the wife filed a complaint for a divorce in the trial court. On August 30, 2011, the husband filed his answer and asserted various affirmative defenses and a counterclaim for a divorce. In his answer and counterclaim, the husband asserted that the parties had entered into a prenuptial agreement on December 11,1985, which, he asserted, controlled the division of assets and debts in the divorce proceeding.

On September 12, 2011, the wife filed an answer to the husband’s counterclaim in which she asserted that the parties’ prenuptial agreement had been voided on May 22, 2010. On August 7, 2013, the husband filed a motion to bifurcate the issue of the validity of the prenuptial agreement from the divorce trial, which was granted. On April 11, 2014, the husband filed a “motion for a judgment as a matter of law” pursuant to “Rule 50(a),” but it does not appear that the trial court ruled on that motion.

On June 25, 2015, after a hearing regarding the validity of the prenuptial agreement, the trial court entered an order finding the parties’ prenuptial agreement to be valid. On July 23, 2015, the wife filed a motion to alter, amend, or vacate the trial court’s order. On October 5, 2015, the trial court entered an order denying the wife’s motion. On November 4, 2015, the wife filed her notice of appeal to this court.

On appeal, the wife challenges the trial court’s order validating the parties’ prenuptial agreement. As an initial matter, we must determine whether this court has jurisdiction.

“ ‘This court has appellate jurisdiction over appeals from judgments that are final. § 12-22-2, Ala.Code 1975.’ Perry v. Perry, 92 So.3d 799, 800 (Ala.Civ.App. 2012). ‘ “[T]he question whether a judgment is final is a jurisdictional question.” Johnson v. Johnson, 835 So.2d 1032, 1034 (Ala.Civ.App.2002). “A final judgment is one that disposes of all the claims and controversies between the parties.” Heaston v. Nabors, 889 So.2d 588, 590 (Ala.Civ.App.2004).’ Decker v. Decker, 984 So.2d 1216, 1219 (Ala.Civ.App.2007).”

Burkhalter v. Burkhalter, 98 So.3d 554, 555 (Ala.Civ.App.2012).

In Williams v. Williams, [Ms. 2130615, Nov. 14, 2014] — So.3d —, —(Ala.Civ.App.2014), the trial judge entered an order pursuant to Rule 54(b) certifying as final an otherwise interlocutory partial-summary-judgment order finding a prenuptial agreement to be valid. This court held that the trial court’s Rule 54(b) certification as to the partial-summary-judgment order concerning the validity of the prenuptial agreement was appropriate. See also Robinson v. Robinson, 64 So.3d 1067 (Ala.Civ.App.2010)(determining that this court had jurisdiction to consider an appeal from an order declaring an ante-nuptial agreement invalid when trial judge had certified the order as final under Rule 54(b)).

In this case, the trial court issued its order deeming the prenuptial agreement valid, but it did not divorce the parties or otherwise dispose of the parties’ property. Therefore, the order, which did not resolve all the issues in the case, was not final. The trial court did not certify the order validating the prenuptial agreement as final under Rule 54(b). Therefore, under the holding of Williams, supra, we remand this case with instructions to the trial court to, within 14 days, either 1) enter an order certifying the June 25, 2015, order as final pursuant to Rule 54(b), Ala. R. Civ. P., if, in its discretion, the trial court determines that such a certification is appropriate, or 2) take no action, which will result in the dismissal of the appeal. If a supplemental record reflecting the trial court’s action on remand is not forwarded to this court within 14 days, this appeal will be dismissed. Smith v. Butler- Austin, 108 So.3d 1014, 1018 (Ala.Civ.App.2012)(quoting Hanner v. Metro Bank & Protective Life Ins. Co., 952 So.2d 1056, 1062 (Ala.2006)).

REMANDED WITH INSTRUCTIONS.

THOMPSON, P.J., and PITTMAN and THOMAS, JJ., concur.

DONALDSON, J., dissents, with writing, which MOORE, J., joins.

DONALDSON, Judge,

dissenting.

I believe that the appeal should be dismissed because I do not believe that certifying as final under Rule 54(b), Ala. R. Civ. P., the order validating the prenuptial agreement would be appropriate in this case. Certification of an otherwise interlocutory order as final “should be reserved only for those exceptional circumstances in which normal appellate review would lead to harsh effects. See, e.g., Fuller v. Birmingham-Jefferson Cnty. Transit Auth., 147 So.3d 907 (Ala.2013); and Brown v. Whitaker Contracting Corp., 681 So.2d 226, 229 (Ala.Civ.App.1996), overruled on other grounds, Schneider Nat’l Carriers, Inc. v. Tinney, 776 So.2d 753 (Ala.2000).” Williams v. Williams, [Ms. 2130615, Nov. 14, 2014] — So.3d —, — (Ala.Civ.App.2014)(Moore, J., dissenting). This case does not present an exceptional circumstance. It appears that the only matter remaining before the trial court in this case is to apply the terms of the prenuptial agreement and divorce the parties. “Hence, ... the only outstanding claim could have been adjudicated almost simultaneously with the [order on the antenup-tial agreement] so as to allow the entry of a final judgment without the need for a Rule 54(b) certification....” Williams, — So.3d at — (Moore, J., dissenting).

Further, requiring the entry of a final judgment of divorce following the determination that a prenuptial agreement is valid could also permit a party wishing to appeal issues related to the application of the terms of the prenuptial agreement to the marital estate to simultaneously raise those issues in an appeal that challenges the validity of the prenuptial agreement. Remanding this case to the trial court to certify the interlocutory order as final leaves any question regarding the application of the terms of the prenuptial agreement to another potential appeal. “Appellate review in a piecemeal fashion is not favored.... ” Brown v. Whitaker Contracting Corp., 681 So.2d 226, 229 (Ala.Civ.App.1996). Therefore, I dissent.

MOORE, J., concurs.

      . We note that Rule 50(a), Ala. R. Civ. P., is applicable only in cases involving a jury trial and, therefore, would not apply in this case. We presume that the husband intended to file a motion for a summary judgment pursuant to Rule 56, Ala. R. Civ. P.; however, the parties have not raised any issue on appeal regarding the propriety of the husband's motion.

      . A certificate of judgment has not been issued in Williams because the matter is pending certiorari review by the Alabama Supreme Court. "While Rule 41 [, Ala. R.App. P.,] stays the issuance of the certificate of judgment, and postpones the final judgment between the parties, it does not prevent a decision of the [appellate court] from having precedential value while the case is pending for review in [the supreme court].” Grantham v. State, 540 So.2d 779, 780 (Ala. 1988). See also, People's Auto Co. v. State, 23 Ala. App. 7, 8, 121 So. 907, 908 (1928)(noting that, "[u]ntil a decision of this court is reviewed and reversed by the Supreme Court, in cases authorized by law and in accordance with the rules made and provided, the decisions and opinion of this court construing a statute have the force and effect of judicial construction”).


source: Caselaw Access Project

author: MOORE, Judge.

license: Public Domain

text:
    Ex parte ALABAMA BOARD OF COSMETOLOGY AND BARBERING. (In re Shahjahan Jason Smith v. Alabama Board of Cosmetology and Barbering).
    2150652.
    Court of Civil Appeals of Alabama.
    June 17, 2016.

      Luther Strange, atty. gen., and Bettie J. Carmack, asst. atty. gen., for petitioner.
    William Joseph Baxley of Baxley, Dillard, McKnight, James & McElroy, Birmingham, for respondent.
   MOORE, Judge.

The Alabama Board of Cosmetology and Barbering (“the Board”) petitions this court for a writ of mandamus directing the Jefferson Circuit Court to transfer the appeal filed by Shahjahan Jason Smith from the Board’s order imposing a $250 fine on Smith after finding that he was practicing cosmetology without a license. We grant the petition and issue the writ.

On July 23, 2014, the Board entered an order that Smith pay a $250 fine after an administrative-law judge found that there was “[substantial evidence [that Smith] had a wax pot in his place of business, [that he had] held himself out to the public as a Managing Cosmetologist, and [that he] worked in an establishment that was not properly licensed by [the Board] for cosmetology practices.” On August 20, 2014, Smith filed his notice of appeal with the Board; he also filed the notice of appeal and a petition for judicial review in the Jefferson Circuit Court. On September 26, 2014, before filing an answer, the Board filed a motion requesting that the Jefferson Circuit Court transfer the appeal to the Montgomery Circuit Court, pursuant to Ala.Code 1975, § 34-7B-ll(b). On September 29, 2014, Smith filed a response to the Board’s motion, arguing that venue was proper in Jefferson County pursuant to Ala.Code 1975, § 41-22-20(b), because, he asserted, his residence and business are both located in Jefferson County. The Board’s motion was denied on September 29, 2014.

In its mandamus petition, the Board argues that § 34-7B-ll(b) controls the venue in this case. Section 34-7B-11(b) provides:

“Any provision of law to the contrary notwithstanding, a person who has exhausted all administrative remedies available through the board, other than a rehearing, and who has been aggrieved by a final decision in a contested case, may appeal pursuant to Section 41-22-20. A decision by the board to revoke or suspend a license or permit, or to otherwise restrict or discipline a licensee, shall be subject to provisions regarding stays as provided in subsection (e) of Section 41-22-20. All appeals shall be filed in the Circuit Court of Montgomery County.”

(Emphasis added.)

By its plain language, § 34-7B-11(b) requires all “appeals” to be filed in the Montgomery Circuit Court. Smith points out that he is also seeking “judicial review” of the Board’s decision, including review of the constitutionality of the manner in which the Board administered the fine. We note that an administrative agency cannot decide constitutional issues, so an “appeal” would not encompass any rulings on any constitutional issues; rather, such claims can be adjudicated only through the judicial-review process afforded by the Alabama Administrative Procedure Act (“the AAPA”), Ala.Code 1975, § 41-22-1 et seq. See Ex parte Smith, 683 So.2d 431 (Ala.1996).

However, we note that the AAPA treats a “petition for judicial review” as an “appeal” for procedural purposes. Section 41-22-20(b), Ala.Code 1975, provides that “[a]ll proceedings for review may be instituted by filing of notice of appeal or review and a cost bond with” the administrative agency that made the determination subject to review. (Emphasis added.) Section 41-22-20(d), Ala.Code 1975, further provides: “The petition for judicial review in the circuit court shall be filed within 30 days after the filing of the notice of appeal or review.” (Emphasis added.) The AAPA does not refer to the filing of an “appeal” in circuit court; rather, it refers only to the filing of “[t]he petition for judicial review.” Hence, the appellate courts treat the filing of a notice of an appeal in the circuit court as the filing of “a petition for judicial review” for venue purposes, see Eley v. Medical Licensure Comm’n of Alabama, 904 So.2d 269, 276 (Ala.Civ.App.2003), and refer to “judicial review” and “appeal” interchangeably in this context. See, e.g., Ex parte Brookwood Health Servs., Inc., 781 So.2d 954, 957 (Ala.2000) (“Brookwood filed its appeal of the order granting the Authority’s CON to the Montgomery Circuit Court, one of the courts specifically provided for in the AAPA.”); Krawczyk v. State Dep’t of Pub. Safety, 7 So.3d 1035, 1036 (Ala.Civ.App. 2008) (“The AAPA specifies that a party may appeal a decision of the administrative law judge to the circuit court.,..”); and Forest Manor, Inc. v. State Health Planning & Dev. Agency, 723 So.2d 75, 78 (Ala.Civ.App.1998) (referring to appeal as “judicial review”), overruled on other grounds, Colonial Mgmt. Grp., L.P. v. State Health Planning & Dev. Agency, 853 So.2d 972 (Ala.Civ.App.2002).

Section 41-22-20(b) provides, in full:

“All proceedings for review may be instituted by filing of notice of appeal or review and a cost bond with the agency to cover the reasonable costs of preparing the transcript of the proceeding under review, unless waived by the agency or the court on a showing of substantial hardship. A petition shall be filed either in the Circuit Court of Montgomery County or in the circuit court of the county in which the agency maintains its headquarters, or unless otherwise specifically provided by statute, in the circuit court of the county where a party other than an intervenor, resides or if a party, other than an intervenor, is a corporation, domestic or foreign, having a registered office or business office in this state, then in the county of the registered office or principal place of business within this state.”

(Emphasis added.) We conclude that the emphasized language means that if another statute specifically provides for venue of an “appeal,” that statute controls the venue as well for “a petition for judicial review.”

“Statutes are in pari materia where they deal with the same subject. Kelly v. State, 273 Ala. 240, 139 So.2d 326 [ (1962) ]. Where statutes are in pari materia they should be construed together to ascertain the meaning and intent of each. City of Birmingham v. Southern Express Co., [164 Ala. 529, 538, 51 So. 159, 162-63 (1909) ]. Where possible, statutes should be resolved in favor of each other to form one harmonious plan and give uniformity to the law. Waters v. City of Birmingham, 282 Ala. 104, 209 So.2d 388 [(1968)]; Walker County v. White, 248 Ala. 53, 26 So.2d 253 [ (1946) ].”

League of Women Voters v. Renfro, 292 Ala. 128, 131, 290 So.2d 167, 169 (1974). Section 41-22-20(b) provides where a petition for judicial review should be filed unless it is “otherwise specifically provided by statute.” In Ex parte Water Works Board of Birmingham, 177 So.3d 1167 (Ala.2014), upon which Smith relies, our supreme court concluded that the venue provisions in the AAPA applied to an appeal from a determination of the Alabama Surface Mining Commission because the Alabama Surface Mining Control and Reclamation Act of 1981, § 9-16-70 et seq., Ala.Code 1975, “lack[ed] a venue provision.” 177 So.3d atll71. In the present case, § 34-7B-ll(b) specifically provides that appeals from a determination of the Board must be filed in the Montgomery Circuit Court. That distinction yields the opposite conclusion from that reached in Ex parte Water Works Board of Birmingham. The provisions of the AAPA do not control venue for judicial review of a determination of the Board; that venue lies only ín the Montgomery Circuit Court pursuant to § 34-7B-ll(b).

Smith claims that he will be denied due process if § 34-7B-ll(b) is enforced because, he says, he cannot litigate in the Montgomery Circuit Court without closing his business in Jefferson County in order to travel to Montgomery County. If so, Smith should have raised that challenge to the Jefferson Circuit Court. In his petition for judicial review, Smith raises a question as to the constitutionality of the Board’s action in requiring him to attend the administrative hearing in Montgomery that led to his fine, but he does not attack the constitutionality of requiring venue over his petition for judicial review to be in the Montgomery Circuit Court. In his response to the motion to transfer the appeal, Smith did not argue that applying § 34-7B-ll(b) would deprive him of due process. Smith has not provided this court with a transcript of the hearing on the motion to transfer the appeal, if there was one. On a petition for a writ of mandamus, this court is limited to reviewing the materials and issues before the trial court. See Ex parte M & F Bank, 58 So.3d 111, 117 (Ala.2010). From the materials before us, Smith did not raise the issue that enforcement of § 34-7B-ll(b) would deprive him of a meaningful access to the court system. See Williams v. Illinois State Scholarship Comm’n, 139 Ill.2d 24, 563 N.E.2d 465, 150 Ill.Dec. 578 (1990).

In the proceedings below, the Board proved that § 34-7B-ll(b) vests the Montgomery Circuit Court with exclusive venue over petitions for judicial review of determinations of the Board and that the Jefferson Circuit Court is therefore an improper venue. “If venue is not proper at the commencement of an action, then, upon motion of the defendant, the action must be transferred to a court where venue would be proper.” Ex parte Overstreet, 748 So.2d 194, 196 (Ala.1999). By denying the Board’s motion, the Jefferson Circuit Court refused to transfer the appeal to the Montgomery Circuit Court, despite an imperative duty to do so. The Board timely and properly invoked the jurisdiction of this court to review the order by filing its petition for a writ of mandamus. See Rule 21, Ala. R.App. P. Recognizing that mandamus lies as the proper remedy in these circumstances, see Ex parte Michelin N. Am., Inc., 56 So.3d 604, 608 (Ala.2010), this court hereby grants the Board’s petition and issues a writ of mandamus directing the Jefferson Circuit Court to vacate its order denying the motion to transfer filed by the Board and to forthwith enter a new order transferring Smith’s appeal to the Montgomery Circuit Court.

PETITION GRANTED; WRIT ISSUED.

THOMPSON, P.J., and PITTMAN, THOMAS, and DONALDSON, JJ., concur.


text:
    Joseph Edward McCARRON III v. Jerry Ann McCARRON.
    2150284.
    Court of Civil Appeals of Alabama.
    June 17, 2016.

      D. Robert Stankoski, Jr., of Stankoski Myrick, LLC, Fairhope, for appellant.
    Kenneth R. Raines and W. Lee Webb of Raines Law Firm, Fairhope, for appellee.
   MOORE, Judge.

Joseph Edward McCarron III (“the husband”) appeals from a judgment entered by the Baldwin Circuit Court (“the trial court”) on July 22, 2015. We dismiss the appeal as being from a nonfinal judgment.

Procedural History

On November 25, 2013, the trial court entered a judgment divorcing the husband and Jerry Ann McCarron (“the wife”), dividing the parties’ marital property, and awarding the wife periodic alimony in the amount of $10,000 per month. The husband appealed, and, in McCarron v. McCarron, 168 So.3d 68 (Ala.Civ.App.2014) (“McCarron I ”), this court affirmed the judgment in part but reversed the judgment insofar as it required the husband to pay the wife various monetary awards totaling $491,000 as part of the property settlement. This court remanded the case for the trial court to fashion an equitable payment schedule for the property awards. 168 So.3d at 80. This court also reversed the periodic-alimony award, stating:

“Because the division of property and the award of alimony must be considered together, see Pate v. Pate, 849 So.2d 972, 976 (Ala.Civ.App.2002), we also reverse that portion of the judgment awarding the "wife $10,000 per month in periodic alimony so that the trial court may reconsider its award in light of any modification of the judgment it makes to enable the husband to pay the property settlement.”

168 So.3d at 82-83.

On remand, the trial court entered a judgment on July 22, 2015, establishing various payment schedules for the property awarded to the wife. The judgment also addressed the periodic-alimony award as follows: “[The husband] shall immediately pay the $10,000/month alimony beginning August 1, 2015. The Court reserves the issue of arrearage.” (Emphasis added.) Before the trial court acted further on the questions whether the husband owed an arrearage and, if so, the amount of that arrearage, the husband appealed. Based on the unresolved arrearage issues, this court ordered the parties to brief the question of the finality of the judgment. After considering the briefs submitted by the parties, the court determines that the judgment is not final and will not support an appeal.

Discussion

“‘Jurisdictional matters are of such importance that a court may take notice of them ex mero motu.’ McMurphy v. East Bay Clothiers, 892 So.2d 395, 397 (Ala.Civ.App.2004). ‘An appeal ordinarily will lie only from a final judgment—i.e., one that conclusively determines the issues before the court and ascertains and declares the rights of the parties involved.’ Bean v. Craig, 557 So.2d 1249, 1253 (Ala.1990). ‘[T]he question whether a judgment is final is a jurisdictional question.’ Johnson v. Johnson, 835 So.2d 1032, 1034 (Ala.Civ.App.2002), overruled on other grounds, Eustace v. Browning, 30 So.3d 445 (Ala.Civ.App.2009).”

AC. v. C.C., 34 So.3d 1281, 1286-87 (Ala.Civ.App.2009).

In the present case, the trial court expressly reserved ruling on the issue of the husband’s alimony arrearage; its judgment clearly contemplates further proceedings to decide that issue. Therefore, the trial court did not “conclusively deter-minen the issues before [it].” AC, 34 So.3d at 1287. The husband argues, however, that the trial court cannot order him to pay an arrearage because this court vacated the periodic-alimony award in McCarron I. If the husband is correct in that assertion, a matter that we do not decide, the husband can argue that point to the trial court and obtain a ruling for appellate review. See Kreitzberg v. Kreitzberg, 131 So.3d 612, 626-27 (Ala.Civ.App.2013). Until that time, this court cannot assume jurisdiction to rule on the issue.

Because the husband has appealed from a nonfinal judgment, we dismiss the appeal. A.C., 34 So.3d at 1287.

APPEAL DISMISSED.

THOMPSON, P.J., and PITTMAN, THOMAS, and DONALDSON, JJ., concur.

      . This court later reversed a contempt judgment entered by the trial court. See McCarron v. McCarron, 171 So.3d 22, 24 (Ala.Civ.App.2015).


author: DONALDSON, Judge.

text:
    Jeshua David GRAY v. Brandy Ann GRAY.
    2150271.
    Court of Civil Appeals of Alabama.
    June 24, 2016.

      Julia D. Collins, Troy, for appellant.
   DONALDSON, Judge.

Jeshua David Gray (“the husband”) appeals from an order denying a motion filed pursuant to Rule 55(c), Ala. R. Civ. P., to set aside a default judgment entered by the Dale Circuit Court (“the trial court”) divorcing him from Brandy Ann Gray (“the wife”), granting sole legal and physical custody of the parties’ two children to the wife, ordering the husband to pay alimony and child support, and dividing the parties’ property. Because it is not clear whether the trial court applied the factors set forth in Kirtland v. Fort Morgan Authority Sewer Service, 524 So.2d 600 (Ala. 1988), we reverse the order and remand the case with instructions for the trial court to apply the Kirtland factors in considering the husband’s Rule 55(c) motion to set aside the default judgment.

On May 23, 2014, the wife filed a complaint for a divorce in the trial court in which she alleged a complete incompatibility of temperament. The wife sought custody of the two children, child support, and alimony, among other relief. The parties originally married in 1998 and divorced approximately a year and a half later. They were married for the second time on April 17, 2002, in Indiana. The parties had two children—C.G., born on August 23, 2002, and P.G., born on October 27, 2006.

On June 23, 2014, the husband filed a handwritten answer in which he objected to the wife’s request for alimony, requested joint custody of the children, and agreed to pay child support. On July 7, 2014, the husband filed a handwritten request for the return of certain items that the wife had removed from the marital home. On October 7, 2014, the trial court ordered the parties to mediate the case. The record does not indicate whether the parties ever attended mediation pursuant to that order. On October 10, 2014, the husband’s counsel filed a notice of appearance. On November 5, 2014, the trial court entered a pendente lite order regarding child support, ordering the husband to pay $971 per month in child support and $150 to be applied to a child-support arrearage. On May 1, 2015, the husband filed a motion to set the case for a final hearing. On May 5, 2015, the trial court appointed another mediator. On August 25, 2015, the wife filed a motion to set the case for final hearing in which she asserted that mediation had been unsuccessful. On August 25, 2015, the trial court entered an order setting the final hearing for October 14, 2015. On September 24, 2015, the husband’s counsel filed a motion to withdraw, which was granted the same day.

On October 14, 2015, the trial court held the final hearing at which the wife testified. The husband failed to appear, and the wife orally moved for a default judgment. On October 15, 2015, the husband, through new counsel, filed a motion to reset the hearing held on October 14,2015, and stated that the husband had believed that the date of the hearing was actually October 21, 2015.

On October 15, 2015, the wife filed a motion for the entry of final judgment of divorce. On October 19, 2015, the trial court entered a final judgment of divorce. In the divorce judgment, the trial court, among other things, awarded sole legal and physical custody of the children to the wife, ordered the husband to pay child support and alimony, and divided the parties’ property. Also on October 19, 2015, the trial court denied the husband’s October 15 motion to reset the case for a final hearing.

On November 9, 2015, the husband filed a “motion to set aside order of default” pursuant to Rule 55(c), Ala. R. Civ. P. The trial court entered an order denying the husband’s motion on November 10, 2015. On December 21, 2015, the husband timely filed a notice of appeal.

The sole issue the husband raises on appeal is whether the trial court erred in denying his Rule 55(c) motion to set aside the default judgment.

“Rule 55(c), Ala. R. Civ. P., provides, in pertinent part, that a trial court may ‘set aside a judgment by default on the motion of a party filed not later than thirty (30) days after the entry of the judgment.’ The husband filed his motion to set aside two days after the trial court’s entry of the default judgment; thus, the husband’s motion to set aside was a timely filed Rule 55(c) motion.
“ ‘In Kirtland v. Fort Morgan Auth. Sewer Serv. Inc., 524 So.2d 600 (Ala.1988), this Court held that the trial court has broad discretion in determining whether to grant or to deny a defendant’s motion to set aside a default judgment, but that that discretion is not boundless. The trial court must balance two competing policy interests associated with default judgments—judicial economy and the defendant’s right to defend on the merits. Kirtland, 524 So.2d at 604. These interests must be balanced under the two-step process set out in Kirtland.
“ ‘Under Kirtland, the trial court must first presume that cases should be decided on the merits whenever it is practicable to do so. This presumption exists because the right to have a trial on the merits ordinarily outweighs the need for judicial economy. Second, the trial court must apply a three-factor analysis in determining whether to set aside a default judgment: it must consider “1) whether the defendant has a meritorious defense; 2) whether the plaintiff will be unfairly prejudiced if the default judgment is set aside; and 3) whether the default judgment was a result of the defendant’s own culpable conduct.” Kirtland, 524 So.2d at 605.’
“Sampson v. Cansler, 726 So.2d 632, 633 (Ala.1998).”

Thibodeau v. Thibodeau, 10 So.3d 592, 595 (Ala.Civ.App.2008). In Thibodeau, the trial court entered a default judgment against the husband in that case after the husband had failed to appear at the final hearing. Id. at 594. The husband moved to set aside the default judgment and asserted that his failure to appear at the hearing was a result of mistake, inadvertence, or excusable neglect. Id. at 595. The trial court denied the husband’s motion after a hearing. This court reversed the trial court’s order denying the husband’s motion to set aside and remanded the case for the trial court to consider the Kirtland factors in determining whether to set aside the default judgment. Id.

In this case, the husband failed to appear at the final hearing. The day after that hearing, the husband’s newly retained counsel filed a notice of appearance and a motion to reset the final hearing, alleging that the husband mistook the date of the October 14, 2015, hearing. On October 19, 2015, the trial court entered an order denying the husband’s motion to reset the case for a final hearing. The trial court also entered the judgment of divorce on October 19, 2015. On November 9, 2015, the husband filed his motion pursuant to Rule 55(c) to set aside the default judgment. The trial court denied the husband’s motion on November 10, 2015. It does not appear from the record that a hearing was held on the husband’s motion. The trial court’s order denying the husband’s motion does not state whether the trial court considered the Kirtland factors. “In White v. Westmoreland, 680 So.2d 848, 349 (Ala.Civ.App.1996), this court held that when the record does not demonstrate that the trial court considered each of the three Kirtland factors, the judgment must be reversed and the cause remanded for such a determination.” R.D.J. v. A.P.J., 142 So.3d 662, 667 (Ala.Civ.App.2013). Accordingly, we reverse the trial court’s order denying the husband’s Rule 55(c) motion and remand the cause with instructions to the trial court to consider the Kirtland factors in determining whether to set aside the default judgment. Id.

REVERSED AND REMANDED.

THOMPSON, P.J., and PITTMAN, THOMAS, and MOORE, JJ., concur.

      . See Rule 4(a)(3), Ala. R.App. P. (the time for filing a notice of appeal is computed from the date of an order denying a postjudgment motion filed pursuant to Rule 55, Ala. R. Civ. P.)


text:
    EX PARTE James Willis BONDS
    CR-11-1662
    Court of Criminal Appeals of Alabama.
    05/06/2015
   Reh. denied.


text:
    Sonny Lee LAWSON v. STATE
    CR-12-1399
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    James MERRILL, Jr. v. STATE
    CR-12-1607
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Thaddeus Raynard HOLLEY, Sr. v. STATE
    CR-12-2023
    Court of Criminal Appeals of Alabama.
    04/08/2015
   Dismissed.


text:
    George BONNER v. STATE
    CR-13-0011
    Court of Criminal Appeals of Alabama.
    05/15/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Dennis DENTMON v. STATE
    CR-13-0186
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Tequan Sabre GRAHAM v. STATE
    CR-13-0204
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Charles Erastis PIGG v. STATE
    CR-13-0294
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Alonzo GREEN v. STATE
    CR-13-0392
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Sheldon Charles HENRY and Henry Varise v. STATE
    CR-13-0447
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Bianca Nicole GARTH v. STATE
    CR-13-0496
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Clarence PAYNE v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-13-0509
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Steven Ray HOLLINGSWORTH v. STATE
    CR-13-0516
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    C.C.L. v. STATE
    CR-13-0579
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Larry Eugene BAILEY v. STATE
    CR-13-0599
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Christopher Wade PRITCHETT v. STATE
    CR-13-0685
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Vertis J. ANTHONY v. STATE
    CR-13-0698
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Herbert S. DUGGER, Jr. v. STATE
    CR-13-0699
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Timothy PRISOCK v. STATE
    CR-13-0702
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Christopher VIRGESS v. STATE
    CR-13-0703
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Daoud BOONE v. STATE
    CR-13-0761
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Rodney PATTERSON v. STATE
    CR-13-0797
    Court of Criminal Appeals of Alabama.
    04/03/2015
   Reh. denied.


text:
    Frederick ODOM v. STATE
    CR-13-0836
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 04/17/2015
   Affirmed.


text:
    Javoris Rayon ANTHONY v. STATE
    CR-13-0865
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Melvin HUTCHESON v. STATE
    CR-13-1008
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Cody Reid KNIGHT v. STATE
    CR-13-1015
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Elzie Stephen RODGERS v. STATE
    CR-13-1030
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Rodrick O’Neal MARSHALL v. STATE
    CR-13-1048
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Shawn Devonta SMITH v. STATE
    CR-13-1057
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Wendy WILLIAMS v. STATE
    CR-13-1065
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    James Henry DAVIS v. STATE
    CR-13-1084
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Cedric TAYLOR v. STATE
    CR-13-1090
    Court of Criminal Appeals of Alabama.
    04/08/2015
   Dismissed.


text:
    Kenneth HILLIARD v. STATE
    CR-13-1103
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Jontez Torrell HOLT v. STATE
    CR-13-1152
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Dismissed.


text:
    Daveon Lamarnce CATHEY v. STATE
    CR-13-1157
    Court of Criminal Appeals of Alabama.
    05/15/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    James Edward BARBER v. STATE
    CR-13-1167
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    Antonio Dewayne HALL v. STATE
    CR-13-1170
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Michael Leonard CLAY v. STATE
    CR-13-1174
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    G.L.C. v. STATE
    CR-13-1204
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Kamaluddeen Raheem RUSSAW v. STATE
    CR-13-1206
    Court of Criminal Appeals of Alabama.
    06/19/2015
   Affirmed.


text:
    Gregory Alan LOONEY v. STATE
    CR-13-1244
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Dennis TUCKER v. STATE
    CR-13-1260
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Nathan CASEY v. STATE
    CR-13-1271
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Roderick Rashad GIVENS v. STATE
    CR-13-1293
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Affirmed.


text:
    L.K.L., JR. v. STATE
    CR-13-1294
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Christopher GALLANT v. STATE
    CR-13-1315
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Aaron LOONEY v. STATE
    CR-13-1332
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/12/2015
   Affirmed.


text:
    Cody Michael HILLIARD v. STATE
    CR-13-1335
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Crystal Ann JONES v. STATE
    CR-13-1339
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Devin Onious WILLIAMSON v. STATE
    CR-13-1341
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    John Joseph BANVILLE v. STATE
    CR-13-1346
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Curtis Wardnell CAVER v. STATE
    CR-13-1355
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Michael TOLBERT v. STATE
    CR-13-1379
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Marques Anthony SMITH v. STATE
    CR-13-1405
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Carl Anthony RITCHIE v. STATE
    CR-13-1424
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Thomas Franklin MAY III v. STATE
    CR-13-1466
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Phillip McGRAW v. STATE
    CR-13-1468
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Darrius Oneal SHERROD v. STATE
    CR-13-1471
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Ricky Dean BUTLER v. STATE
    CR-13-1484
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    Jimmy Wayne KARR v. STATE
    CR-13-1497
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    D.J.J. v. STATE
    CR-13-1500
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Dismissed.


text:
    Princeton Crushun ALEXANDER v. STATE
    CR-13-1516
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Kelly Dean MILCHER v. STATE
    CR-13-1533
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Jimmie Korea DAVIS v. STATE
    CR-13-1540
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Michael Shawn BARNES v. STATE
    CR-13-1567
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Michael Shawn BARNES v. STATE
    CR-13-1568
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Jesus A. ROJAS-ALBA v. CITY OF HUNTSVILLE
    CR-13-1571
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    George Samuel GILES v. STATE
    CR-13-1579
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Gary Davis HART II v. STATE
    CR-13-1601
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Willie J. JOHNSON III v. STATE
    CR-13-1606
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    Arthur BELCHER v. STATE
    CR-13-1619
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Frank M. KERLEY v. STATE
    CR-13-1628
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Marty Joe TAYLOR v. STATE
    CR-13-1635
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Leonard Jerry KOGER, Jr. v. STATE
    CR-13-1650
    Court of Criminal Appeals of Alabama.
    04/03/2015
   Reh. denied.


text:
    Glen D. LEE v. STATE
    CR-13-1652
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Zendarius Ziqae WHITE v. STATE
    CR-13-1653
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Reginald GAMBLE v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-13-1660
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Agee WILLIAMS, Jr. v. STATE
    CR-13-1689
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Quinton Jafar PARHAMS v. STATE
    CR-13-1718
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Arthur Lee WITHERSPOON v. STATE
    CR-13-1723
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Robert Anthony SIMMONS v. STATE
    CR-13-1727
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Kenneth E. MORRIS v. STATE
    CR-13-1730
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Kentarious Douglas BEASLEY v. STATE
    CR-13-1731
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Marquez Rishawn LYNN v. STATE
    CR-13-1742
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Charles TURNER v. STATE
    CR-13-1745
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Cordelius SOL v. STATE
    CR-13-1747
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Nakia Leon WRIGHT v. STATE
    CR-13-1756
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Oscar Kenneth GOWENS v. STATE
    CR-13-1786
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Brandon JOHNSON v. STATE
    CR-13-1809
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    William Herbert VILLAR v. STATE
    CR-13-1817
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    David JONES III v. STATE
    CR-13-1821
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Samuel Jerel HENDRICKS v. STATE
    CR-13-1831
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Johnny Bruce PYLES II v. STATE
    CR-13-1834
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Anthony Ray McCULLOUGH v. STATE
    CR-13-1839
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Christopher Isaac SURLES v. STATE
    CR-13-1849
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Kermit Earl RICKS v. STATE
    CR-13-1853
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    James Charles BISHOP, Jr. v. STATE
    CR-13-1854
    Court of Criminal Appeals of Alabama.
    04/03/2015
   Reh. denied.


text:
    Charles Thomas PHILLIPS v. STATE
    CR-13-1856
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    V.B. v. STATE
    CR-13-1864
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Calvin Levester CHAMBERS v. STATE
    CR-13-1866
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Dallas Jerome PIERCE v. STATE
    CR-13-1868
    Court of Criminal Appeals of Alabama.
    04/03/2015
   Dismissed.


text:
    Kenneth A. SMITH v. STATE
    CR-13-1878
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Reh. denied; memo of 1/30/2015 -withdrawn; memo substituted; affirmed.


text:
    Louis Frank JACKSON II v. STATE
    CR-13-1893
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    Antonio Laventa DUBOSE v. STATE
    CR-13-1894
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Albert BAKER, Jr. v. STATE
    CR-13-1900
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Rodrickes Tamez COBB v. STATE
    CR-13-1919
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Rashad LEE v. STATE
    CR-13-1920
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Demarco Wayne COTHRON v. STATE
    CR-13-1921
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    James Calvin FRAZIER v. STATE
    CR-13-1923
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Shaquille Dijion PARKER v. STATE
    CR-13-1926
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/15/2015
   Affirmed.


text:
    Derell Deonta HAMLETT v. STATE
    CR-13-1927
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Earnest C. McREYNOLDS v. STATE
    CR-13-1933
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Raphael Jermaine LANDRUM v. STATE
    CR-13-1946
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Phillip Lewis CHANCE v. STATE
    CR-13-1948
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Terry LITTLE v. STATE
    CR-13-1956
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Dongli Xia TRAYWICK v. STATE
    CR-14-0014
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 04/24/2015
   Affirmed.


text:
    Tommy James ROGERS v. STATE
    CR-14-0015
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Corey TOLBERT v. STATE
    CR-14-0016
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Cedrick Levonne DAVIS v. STATE
    CR-14-0017
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Michael Solomon WARD v. STATE
    CR-14-0019
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Jessica Melinda MIXSON v. STATE
    CR-14-0031
    Court of Criminal Appeals of Alabama.
    05/22/2015
    Reh. denied 06/12/2015
   Affirmed.


text:
    Kita Swandi MOSS v. STATE
    CR-14-0048
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied; memo of 3/6/2015 withdrawn; memo substituted; affirmed.


text:
    Jeffery ANDREWS v. STATE
    CR-14-0049
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/08/2015
   Affirmed.


text:
    Kevin Demetrius LOZANO v. STATE
    CR-14-0052
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    William NELSON v. STATE
    CR-14-0061
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Mark Anthony DUKE v. STATE
    CR-14-0063
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Steven Paul VICK v. STATE
    CR-14-0066
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    N.A. v. STATE
    CR-14-0069
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Richard Morris CLARK v. STATE
    CR-14-0079
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Christopher Dejuan HUMPHREY v. STATE
    CR-14-0080
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Jose ALVARO-CARPIYO v. STATE
    CR-14-0082
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Dismissed.


text:
    Cassandra Sue SCOTT v. STATE
    CR-14-0086
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Gastone Leroy LAWRENCE v. STATE
    CR-14-0089
    Court of Criminal Appeals of Alabama.
    04/03/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Marcus Dewayne PRESSLEY v. STATE
    CR-14-0096
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Michael Anthony MARSHALL v. STATE
    CR-14-0112
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Travares MOORE v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0118
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Heriberto Arevalo ROBLES v. STATE
    CR-14-0119
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    Timothy Lamar CAREY v. STATE
    CR-14-0122
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Affirmed.


text:
    Steven Lee ANDERSON v. STATE
    CR-14-0136
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Marcus Donnell BROWN v. STATE
    CR-14-0140
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Corderious Domini McLELLAN v. STATE
    CR-14-0143
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    Chaunce Martel WILLIAMS v. STATE
    CR-14-0151
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Johnny Ray COX v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-14-0156
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Tyron Dewayne THOMPSON v. STATE
    CR-14-0157
    Court of Criminal Appeals of Alabama.
    04/06/2015
   Dismissed.


text:
    Brent Donald SIGALA v. STATE
    CR-14-0163
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Darryl D. THOMPSON v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0167
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Jason Patrick HUGHES v. STATE
    CR-14-0168
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    EX PARTE Patrick G. WILSON
    CR-14-0169
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. denied.


text:
    John David HUGHES v. STATE
    CR-14-0172
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    STATE v. Brandon Terrell COLEMAN
    CR-14-0173
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Dennis Michael HUNTLEY v. STATE
    CR-14-0174
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    James LEWIS v. STATE
    CR-14-0185
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Dismissed.


text:
    Xavier JETT v. STATE
    CR-14-0197
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    James Edward MOORE v. STATE
    CR-14-0199
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    David Wesley CAMPBELL v. STATE
    CR-14-0201
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Malik Rashad McCURDY v. STATE
    CR-14-0208
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    Johnny Walter McRAY v. STATE
    CR-14-0214
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Andre Lee JONES v. STATE
    CR-14-0222
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    EX PARTE Glen Ivory CARTER
    CR-14-0232
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Mand. pet. denied.


text:
    Dustin McLELLAN v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0233
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    N.S.M. v. STATE
    CR-14-0238
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Jose Quintana MARTINEZ v. STATE
    CR-14-0239
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/15/2015
   Affirmed.


text:
    Mack Auther FOREMAN, Jr. v. STATE
    CR-14-0249
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Jason E. ROGERS v. STATE
    CR-14-0252
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Reh. denied.


text:
    L.M. v. STATE
    CR-14-0253
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Kayshon Elizabeth COLEMAN v. STATE
    CR-14-0254
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Willie Lamar SALES v. STATE
    CR-14-0258
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Toriano Nicholas PORTER v. STATE
    CR-14-0259
    Court of Criminal Appeals of Alabama.
    06/05/2015
   Reh. denied.


text:
    Huey Lovell KENNEDY v. STATE
    CR-14-0261
    Court of Criminal Appeals of Alabama.
    04/03/2015
    Reh. denied 04/24/2015
   Affirmed.


text:
    Mack Cell HARMON v. STATE
    CR-14-0264
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Affirmed.


text:
    Anthony OLENDER v. STATE
    CR-14-0272
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    Charles EDWARDS v. STATE
    CR-14-0275
    Court of Criminal Appeals of Alabama.
    05/15/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    EX PARTE Jeffery O. WHITEHEAD
    CR-14-0291
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. granted.


text:
    Travonte Keon BUTLER v. STATE
    CR-14-0292
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Cedrick Leonard CRAWFORD v. STATE
    CR-14-0297
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Michael Vincent UTECH v. STATE
    CR-14-0303
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Charles David O’KELLEY v. STATE
    CR-14-0304
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    EX PARTE Aloysius Thaddeus HENRY
    CR-14-0309
    Court of Criminal Appeals of Alabama.
    04/14/2015
    Reh. denied 05/11/2015
   Mand. pet. dismissed.


text:
    Stephen Jerome SCOTT v. STATE
    CR-14-0314
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Christopher Martin JOHNSON v. STATE
    CR-14-0324
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Freddie Demond HEARD v. STATE
    CR-14-0325
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Arthur James TIGNER v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0327
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Elmer DENNIS, Jr. v. STATE
    CR-14-0332
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    Billy RIVERS v. STATE
    CR-14-0333
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Carl Wheeler HENDRIX v. STATE
    CR-14-0346
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Roy Avon HARVELL v. STATE
    CR-14-0348
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Affirmed.


text:
    Jessie Lee HOWELL v. STATE
    CR-14-0353
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    Jamichael Deante STOKES v. STATE
    CR-14-0355
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Anthony KENNEDY v. STATE
    CR-14-0357
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Reversed and remanded.


text:
    Joshua Abraham WHITE v. STATE
    CR-14-0359
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Quintell Kendrick TARRANCE v. STATE
    CR-14-0362
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Carl Wayne HAMMONDS v. STATE
    CR-14-0364
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Reh. denied (memo of 5/15/2015 withdrawn; memo substituted; affirmed)


text:
    Aljay LOCKETT v. STATE
    CR-14-0366
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Reh. denied.


text:
    Corneil JAMES v. STATE
    CR-14-0367
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    Cedric DAVIS v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0373
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Charles Eugene MOORE v. STATE
    CR-14-0375
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Tyrone Dwayne THOMPSON v. STATE
    CR-14-0376
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 04/24/2015
   Affirmed.


text:
    Henry Clay SMITH v. STATE
    CR-14-0377
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Dismissed.


text:
    EX PARTE John CHILDS
    CR-14-0379
    Court of Criminal Appeals of Alabama.
    05/21/2015
   Reh. denied.


text:
    Moreland SMITH v. STATE
    CR-14-0386
    Court of Criminal Appeals of Alabama.
    05/22/2015
    Reh. denied 06/12/2015
   Affirmed.


text:
    Marquis PRIM v. STATE
    CR-14-0398
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Joseph Lester PATE v. STATE
    CR-14-0400
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/08/2015
   Affirmed.


text:
    Charles WATSON v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0407
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Helen GRANGER v. STATE
    CR-14-0413
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Affirmed.


text:
    James Calvin FRAZIER v. STATE
    CR-14-0415
    Court of Criminal Appeals of Alabama.
    06/02/2015
   Reversed and remanded.


text:
    Jack KING, Jr. v. STATE
    CR-14-0419
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed,


text:
    EX PARTE Mickel HART
    CR-14-0421
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Mand. pet. denied.


text:
    Lamar ANDERSON v. STATE
    CR-14-0423
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/01/2015
   Affirmed.


text:
    Shaeffer COLEMAN v. STATE
    CR-14-0426
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Michael Leon POWE v. STATE
    CR-14-0431
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Richard HENLEY v. STATE
    CR-14-0433
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/22/2015
   Affirmed.


text:
    Terry Charles GLOVER v. STATE
    CR-14-0439
    Court of Criminal Appeals of Alabama.
    04/03/2015
   Affirmed.


text:
    Taskinnya Larandle BURT v. STATE
    CR-14-0441
    Court of Criminal Appeals of Alabama.
    05/22/2015
    Reh. denied 06/05/2015
   Affirmed.


text:
    Kelvin HINES v. STATE
    CR-14-0443
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 04/24/2015
   Affirmed.


text:
    EX PARTE Jed Laften NAGEL
    CR-14-0452
    Court of Criminal Appeals of Alabama.
    05/21/2015
   Reh. denied.


text:
    Timothy CARPENTER v. STATE
    CR-14-0454
    Court of Criminal Appeals of Alabama.
    06/09/2015
   Dismissed.


text:
    Joseph Allen RENNEY v. STATE
    CR-14-0459
    Court of Criminal Appeals of Alabama.
    04/30/2015
   Reh. denied.


text:
    David SINQUEFIELD v. STATE
    CR-14-0460
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Jermaine Eric CRENSHAW v. STATE
    CR-14-0463
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Michael Lynn SWANN v. STATE
    CR-14-0469
    Court of Criminal Appeals of Alabama.
    04/10/2015
   Affirmed.


text:
    Faye Dianne ALLEN v. STATE
    CR-14-0476
    Court of Criminal Appeals of Alabama.
    05/21/2015
   Dismissed.


text:
    Henry LATTIMER III v. STATE
    CR-14-0481
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Brandon Corey FORSTNER v. STATE
    CR-14-0484
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Affirmed.


text:
    EX PARTE Albert J. LOCKWOOD
    CR-14-0487
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Mand. pet. dismissed.


text:
    Eric ARRINGTON v. STATE
    CR-14-0495
    Court of Criminal Appeals of Alabama.
    04/22/2015
   Dismissed.


text:
    EX PARTE James Samuel MENEFIELD
    CR-14-0506
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Mand. pet. denied.


text:
    Carlton Lamar ENGLEBERT, Jr. v. STATE
    CR-14-0509
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Tequan Sabre GRAHAM v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0510
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/15/2015
   Affirmed.


text:
    Willie James POWELL v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0511
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Affirmed.


text:
    EX PARTE Panagiotis Jerome THEODOROY
    CR-14-0516
    Court of Criminal Appeals of Alabama.
    06/24/2015
   Mand. pet. granted.


text:
    Antonio BURNS v. STATE
    CR-14-0532
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    EX PARTE Tshombe Omari ALLEN
    CR-14-0533
    Court of Criminal Appeals of Alabama.
    06/23/2015
   Mand. pet. dismissed.


text:
    EX PARTE Aaron CARR
    CR-14-0537
    Court of Criminal Appeals of Alabama.
    06/23/2015
   Habeas corpus pet. dismissed.


text:
    Damien Sharell HOWARD v. STATE
    CR-14-0539
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Dismissed.


text:
    Eric Vernardo ODOM v. STATE
    CR-14-0540
    Court of Criminal Appeals of Alabama.
    04/22/2015
   Dismissed.


text:
    Ricky Nelson BASS v. STATE
    CR-14-0542
    Court of Criminal Appeals of Alabama.
    05/22/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    J.A.R. v. STATE
    CR-14-0545
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/19/2015
   Affirmed.


text:
    EX PARTE Timmy Eugene DUPREE
    CR-14-0549
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Mand. pet. dismissed.


text:
    Ronnie Earl PEOPLES v. STATE
    CR-14-0551
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Affirmed.


text:
    Derrick Phillip ERVIN v. STATE
    CR-14-0560
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 04/24/2015
    05/28/2015-Decision of 4/24/2015 set aside
    Reh. denied 06/05/2015
   Affirmed.


text:
    EX PARTE James Allen CHRISTIAN
    CR-14-0563
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Mand. pet. dismissed.


text:
    EX PARTE Freddie CLARK
    CR-14-0573
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Habeas corpus pet. dismissed.


text:
    Kevin Christopher TORRES v. STATE
    CR-14-0574
    Court of Criminal Appeals of Alabama.
    04/24/2015
   Dismissed.


text:
    EX PARTE Charles Stephen HESTER
    CR-14-0599
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. dismissed.


text:
    EX PARTE Grover G. ALLEN
    CR-14-0603
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. granted.


text:
    Franklin Delano SIMON, Jr. v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-14-0604
    Court of Criminal Appeals of Alabama.
    05/28/2015
   Dismissed.


text:
    Labarron D. McDONALD v. STATE
    CR-14-0608
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Reh. denied (memo of 5/15/2015 withdrawn; memo substituted; affirmed)


text:
    Charles Deandre BRIGGINS v. STATE
    CR-14-0609
    Court of Criminal Appeals of Alabama.
    05/19/2015
   Transferred to Jefferson Cir. Ct.


text:
    J.P. v. STATE
    CR-14-0613
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Transferred to Jefferson Cir. Ct., Bessemer Div.


text:
    Larry JEFFERSON v. STATE
    CR-14-0616
    Court of Criminal Appeals of Alabama.
    05/29/2015
    Reh. denied 06/12/2015
   Affirmed.


text:
    EX PARTE Courtney BROWN
    CR-14-0618
    Court of Criminal Appeals of Alabama.
    04/14/2015
   Mand. pet. denied.


text:
    EX PARTE Paul Eugene BAILEY
    CR-14-0623
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Mand. pet. denied.


text:
    EX PARTE K.R.B.
    CR-14-0628
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Mand. pet. denied.


text:
    Tostig Denard MOORE v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0632
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Affirmed.


text:
    Kenneth S. TRAYWICK v. Michael L. KIDD
    CR-14-0637
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Transferred to Sup. Ct.


text:
    Roy Edward GRAY v. STATE
    CR-14-0638
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Affirmed.


text:
    EX PARTE Alphonso BROWN
    CR-14-0640
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Mand. pet. dismissed.


text:
    Marshall Van REED v. STATE
    CR-14-0645
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Ex parte State (In re: STATE v. Randal Dale DEAN)
    CR-14-0649
    Court of Criminal Appeals of Alabama.
    06/23/2015
   Mand. pet. dismissed.


text:
    EX PARTE Terry J. HALL
    CR-14-0652
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Petition for -writ of prohibition dismissed.


text:
    Berry FORD v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0654
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Reh. denied.


text:
    EX PARTE Jeffery WHITEHEAD
    CR-14-0656
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Mand. pet. denied.


text:
    EX PARTE Reginald Anton ANDERS
    CR-14-0658
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. dismissed.


text:
    Taylor WILSON v. STATE
    CR-14-0663
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Torianto Terrell TONEY v. STATE
    CR-14-0664
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    EX PARTE Julio MARTINEZ
    CR-14-0668
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Transferred to Sup. Ct.


text:
    EX PARTE Shawn Ray HARPER
    CR-14-0669
    Court of Criminal Appeals of Alabama.
    04/15/2015
   Mand. pet. denied.


text:
    Jonathan Richard TSCHIDA v. STATE
    CR-14-0674
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Dismissed.


text:
    EX PARTE Orrin MARABLE
    CR-14-0677
    Court of Criminal Appeals of Alabama.
    04/15/2015
    Reh. denied 04/23/2015
   Mand. pet. denied.


text:
    EX PARTE William Evans WIMBERLY, Jr.
    CR-14-0679
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Mand. pet. dismissed.


text:
    Fredrick Bernard MOSLEY v. STATE
    CR-14-0684
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Affirmed.


text:
    Ronnie SIMS v. STATE
    CR-14-0686
    Court of Criminal Appeals of Alabama.
    04/10/2015
    Reh. denied 05/11/2015
   Dismissed.


text:
    EX PARTE Rickey Glenn LANGFORD
    CR-14-0690
    Court of Criminal Appeals of Alabama.
    04/02/2015
    Reh. denied 04/20/2015
   Mand. pet. dismissed.


text:
    EX PARTE Anthony Wayne McCAA
    CR-14-0692
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. dismissed.


text:
    EX PARTE Willie ADAMS
    CR-14-0694
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Mand. pet. denied.


text:
    EX PARTE Reginald FRIENDLY
    CR-14-0695
    Court of Criminal Appeals of Alabama.
    06/23/2015
   Mand. pet. dismissed.


text:
    EX PARTE Arthur Brennan MALLOY
    CR-14-0698
    Court of Criminal Appeals of Alabama.
    04/02/2015
   Mand. pet. denied.


text:
    EX PARTE Ashford Nicholas MILFORD
    CR-14-0699
    Court of Criminal Appeals of Alabama.
    06/23/2015
   Mand. pet. denied.


text:
    EX PARTE Joseph WEST
    CR-14-0707
    Court of Criminal Appeals of Alabama.
    06/23/2015
   Transferred to Ct. of Civ. App.


text:
    EX PARTE Ronnie Odell PARKER
    CR-14-0711
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Mand. pet. denied.


text:
    Danny FOSTER v. STATE
    CR-14-0712
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    Jerry C. WISE, Jr. v. STATE
    CR-14-0715
    Court of Criminal Appeals of Alabama.
    05/22/2015
   Affirmed.


text:
    EX PARTE Boris Fitzgerald BIGHAM
    CR-14-0721
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. denied.


text:
    EX PARTE Randall Shawn SCHULTZ
    CR-14-0724
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. dismissed.


text:
    EX PARTE Alejandros CASTANEDA
    CR-14-0725
    Court of Criminal Appeals of Alabama.
    06/24/2015
   Mand. pet. dismissed.


text:
    EX PARTE Robert LITTLETON III
    CR-14-0729
    Court of Criminal Appeals of Alabama.
    05/15/2015
    Reh. denied 06/03/2015
   Petition for writ of prohibition dismissed.


text:
    Justin Wayne WOOD v. STATE
    CR-14-0734
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Dismissed.


text:
    EX PARTE Benigno Steven GARZA III
    CR-14-0736
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. denied.


text:
    EX PARTE Fletcher TURNER
    CR-14-0737
    Court of Criminal Appeals of Alabama.
    04/02/2015
   Transferred to Hale Cir. Ct.


text:
    EX PARTE Richard A. DEAN
    CR-14-0738
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Transferred to Lauderdale Cir. Ct.


text:
    EX PARTE James Charley MOON
    CR-14-0747
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. denied.


text:
    EX PARTE James Arthur CULBRETH
    CR-14-0756
    Court of Criminal Appeals of Alabama.
    05/18/2015
    Reh. denied 06/15/2015
   Mand. pet. dismissed.


text:
    EX PARTE Dale William GILLEY, Jr.
    CR-14-0757
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. dismissed.


text:
    EX PARTE Henry Neal FERGUSON III
    CR-14-0758
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. denied.


text:
    Anthony Wayne McCAA v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0761
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Dismissed.


text:
    Tevin Anthony PRIDE v. STATE
    CR-14-0771
    Court of Criminal Appeals of Alabama.
    05/28/2015
   Dismissed.


text:
    EX PARTE Eric Scott THOMAS
    CR-14-0775
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Mand. pet. denied.


text:
    EX PARTE Johnnie Lee KNIGHT, Jr.
    CR-14-0776
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. denied.


text:
    EX PARTE Thomas McMEANS
    CR-14-0778
    Court of Criminal Appeals of Alabama.
    06/24/2015
   Mand. pet. granted.


text:
    Bobby HARRIS v. STATE
    CR-14-0782
    Court of Criminal Appeals of Alabama.
    06/30/2015
   Dismissed.


text:
    EX PARTE Curtis Jeffrey THORNTON
    CR-14-0783
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Habeas corpus pet. denied.


text:
    EX PARTE Jeffery Anthony TUCK
    CR-14-0785
    Court of Criminal Appeals of Alabama.
    04/17/2015
   Transferred to Pike Cir. Ct.


text:
    EX PARTE Corey Eugene BENTON
    CR-14-0799
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. dismissed.


text:
    EX PARTE Scott A. FRYE
    CR-14-0800
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. granted.


text:
    EX PARTE Shawn Ray HARPER
    CR-14-0801
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. denied.


text:
    Joshua Thomas ADKINS v. STATE
    CR-14-0803
    Court of Criminal Appeals of Alabama.
    05/28/2015
   Dismissed.


text:
    EX PARTE Eric Lee BROWN
    CR-14-0805
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Mand. pet. denied.


text:
    EX PARTE Jason J. HALL
    CR-14-0806
    Court of Criminal Appeals of Alabama.
    04/23/2015
   Transferred to Mobile Cir, Ct.


text:
    EX PARTE Edward Lee BURROUGH
    CR-14-0808
    Court of Criminal Appeals of Alabama.
    04/23/2015
   Mand. pet. dismissed.


text:
    Angela Kathleen SEAL v. Charles HARPER
    CR-14-0809
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Transferred to Ct. of Civ. App.


text:
    EX PARTE Anthony HALE
    CR-14-0812
    Court of Criminal Appeals of Alabama.
    04/20/2015
   Mand. pet. dismissed.


text:
    EX PARTE Jihad Abdur RAUF
    CR-14-0818
    Court of Criminal Appeals of Alabama.
    05/29/2015
   Mand. pet. denied.


text:
    EX PARTE Jerry MATTHEWS
    CR-14-0819
    Court of Criminal Appeals of Alabama.
    06/24/2015
   Mand. pet. dismissed.


text:
    EX PARTE Jimmy Lee WEBB
    CR-14-0820
    Court of Criminal Appeals of Alabama.
    04/23/2015
   Transferred to St. Clair Cir. Ct.


text:
    EX PARTE William MUSE
    CR-14-0822
    Court of Criminal Appeals of Alabama.
    06/03/2015
    Reh. denied 06/29/2015
   Habeas corpus pet. dismissed.


text:
    Ex parte State (In re STATE v. Donald Lee CASH, Sr.)
    CR-14-0830
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Mand. pet. granted.


text:
    EX PARTE J.L.A.
    CR-14-0831
    Court of Criminal Appeals of Alabama.
    05/28/2015
   Mand. pet. denied.


text:
    EX PARTE Christopher Wayne SPEARS
    CR-14-0838
    Court of Criminal Appeals of Alabama.
    06/03/2015
   Mand. pet. denied.


text:
    EX PARTE Willie Arthur SULLEN
    CR-14-0839
    Court of Criminal Appeals of Alabama.
    04/24/2015
   Mand. pet. dismissed.


text:
    Jerry Lamar LETT v. STATE
    CR-14-0840
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Dismissed.


text:
    Cecil FERGUSON, William W. Horsman III, and Mark A. Bain v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0851
    Court of Criminal Appeals of Alabama.
    06/03/2015
   Transferred to Ct. of Civ. App.


text:
    EX PARTE Ricky Dewayne BOOTH
    CR-14-0858
    Court of Criminal Appeals of Alabama.
    06/03/2015
    Reh. denied 06/29/2015
   Mand. pet. dismissed.


text:
    EX PARTE Aaron Ray HARRIS
    CR-14-0859
    Court of Criminal Appeals of Alabama.
    06/03/2015
   Mand. pet. denied.


text:
    EX PARTE Curtis Lee DORTCH
    CR-14-0864
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Mand. pet. dismissed.


text:
    EX PARTE Jeffery Wayne McCAY
    CR-14-0869
    Court of Criminal Appeals of Alabama.
    04/23/2015
   Petition for wit of prohibition dismissed.


text:
    EX PARTE Charles DIXON
    CR-14-0872
    Court of Criminal Appeals of Alabama.
    06/03/2015
   Mand. pet. dismissed.


text:
    EX PARTE Deangelo HOLLOWAY
    CR-14-0876
    Court of Criminal Appeals of Alabama.
    04/24/2015
   Mand. pet. denied.


text:
    EX PARTE Barry VAN WHITTON
    CR-14-0878
    Court of Criminal Appeals of Alabama.
    06/24/2015
   Habeas corpus pet. denied.


text:
    Carcy Jermaine THOMAS v. STATE
    CR-14-0882
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Dismissed.


text:
    EX PARTE Jeffrey S. CLEGG
    CR-14-0884
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    Costillo Arteen JOHNSON v. Officer PLENIS, Sgt. M. Jones, Warden Estes, and Commissioner Kim Thomas
    CR-14-0885
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Transferred to Ct. of Civ. App.


text:
    Jeffery BAKER, Jr. v. CITY OF BRUNDIDGE
    CR-14-0889
    Court of Criminal Appeals of Alabama.
    06/15/2015
   Reh. denied.


text:
    Timothy PRISOCK v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-14-0890
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Dismissed.


text:
    EX PARTE Harold C. FROST
    CR-14-0892
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    EX PARTE David Lamar JOHNSON
    CR-14-0899
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. dismissed.


text:
    EX PARTE Weldon BERRY, Jr.
    CR-14-0900
    Court of Criminal Appeals of Alabama.
    05/07/2015
   Mand. pet. denied.


text:
    EX PARTE Edward Tyrone RIDLEY
    CR-14-0905
    Court of Criminal Appeals of Alabama.
    06/09/2015
   Mand. pet. dismissed.


text:
    EX PARTE Pendarvis Lee HARSHAW
    CR-14-0908
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Transferred to Montgomery Cir'. Ct.


text:
    EX PARTE Geneva COOLEY
    CR-14-0909
    Court of Criminal Appeals of Alabama.
    05/07/2015
   Mand. pet. denied.


text:
    EX PARTE Richard JENSEN
    CR-14-0911
    Court of Criminal Appeals of Alabama.
    04/22/2015
   Mand. pet. denied.


text:
    EX PARTE Steven C. HOOVEN
    CR-14-0916
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    EX PARTE Stephen CRENSHAW
    CR-14-0917
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    EX PARTE Antoine G. DAVENPORT
    CR-14-0931
    Court of Criminal Appeals of Alabama.
    06/09/2015
   Habeas corpus pet. dismissed.


text:
    EX PARTE Maurice A. GREEN
    CR-14-0942
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. denied.


text:
    EX PARTE James Edward SUTTLE
    CR-14-0944
    Court of Criminal Appeals of Alabama.
    06/24/2015
   Mand. pet. denied.


text:
    EX PARTE Paul Eugene BAILEY
    CR-14-0948
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. dismissed.


text:
    EX PARTE Joseph A. RIVAS
    CR-14-0949
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    EX PARTE Terry J. FRANKLIN
    CR-14-0951
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Mand. pet. dismissed.


text:
    EX PARTE Corey ARRINGTON, Jr.
    CR-14-0955
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Habeas corpus pet. denied.


text:
    EX PARTE Glen Dale JOHNSON
    CR-14-0959
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. dismissed.


text:
    EX PARTE Jasper FINNEY
    CR-14-0975
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Mand. pet, dismissed.


text:
    David Boy FULLER v. Nurse TAYLOR et al.
    CR-14-0977
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Transferred to Sup. Ct.


text:
    Arthur Brennan MALLOY v. STATE
    CR-14-0991
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Reh. denied.


text:
    Franklin Douglas COLLINS, Jr. v. STATE
    CR-14-0992
    Court of Criminal Appeals of Alabama.
    06/16/2015
   Dismissed.


text:
    EX PARTE Wendell HIGHTOWER
    CR-14-0997
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. dismissed.


text:
    EX PARTE Sean Travis HOWARD
    CR-14-1000
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Mand. pet. denied.


text:
    EX PARTE Darrell Wayne MASON
    CR-14-1001
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. dismissed.


text:
    EX PARTE Randy E. BAILEY
    CR-14-1009
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. dismissed.


text:
    EX PARTE Carlo OWENS
    CR-14-1015
    Court of Criminal Appeals of Alabama.
    05/18/2015
   Transferred to Tallapoosa Cir. Ct.


text:
    EX PARTE James R. DOWNES
    CR-14-1019
    Court of Criminal Appeals of Alabama.
    06/09/2015
    Reh. denied 06/29/2015
   Mand. pet. dismissed.


text:
    EX PARTE Curtis J. COOK, Jr.
    CR-14-1030
    Court of Criminal Appeals of Alabama.
    06/25/2015
   Mand. pet. denied.


text:
    EX PARTE Samuel Allan McCORMICK
    CR-14-1037
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. dismissed.


text:
    EX PARTE Christopher T. WILSON
    CR-14-1040
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    EX PARTE James RICHMOND
    CR-14-1044
    Court of Criminal Appeals of Alabama.
    05/15/2015
   Mand. pet. dismissed.


text:
    EX PARTE Jovontai Qudrius DICKERSON
    CR-14-1045
    Court of Criminal Appeals of Alabama.
    06/26/2015
   Mand. pet. dismissed.


text:
    Costillo Arteen JOHNSON v. STATE
    CR-14-1049
    Court of Criminal Appeals of Alabama.
    05/26/2015
   Dismissed.


text:
    EX PARTE Steven HOOVEN
    CR-14-1053
    Court of Criminal Appeals of Alabama.
    06/09/2015
   Mand. pet. denied.


text:
    EX PARTE Frederick MURRAY, Jr.
    CR-14-1055
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Habeas corpus pet. dismissed.


text:
    EX PARTE Antonio Terell MIDDLETON
    CR-14-1061
    Court of Criminal Appeals of Alabama.
    05/21/2015
   Habeas corpus pet. dismissed.


text:
    EX PARTE James RICHMOND
    CR-14-1066
    Court of Criminal Appeals of Alabama.
    06/04/2015
   Mand. pet. denied.


text:
    EX PARTE Donald RAYE
    CR-14-1085
    Court of Criminal Appeals of Alabama.
    06/03/2015
   Habeas corpus pet. dismissed.


text:
    EX PARTE Arthur L. HALL
    CR-14-1124
    Court of Criminal Appeals of Alabama.
    06/09/2015
   Mand. pet. denied.


text:
    EX PARTE Michael L. PERRY
    CR-14-1137
    Court of Criminal Appeals of Alabama.
    06/09/2015
   Transferred to Colbert Cir. Ct.


text:
    EX PARTE Jerome MALONE
    CR-14-1155
    Court of Criminal Appeals of Alabama.
    06/11/2015
   Mand. pet. denied.


text:
    EX PARTE Thomas E. STURDIVANT
    CR-14-1162
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Transferred to Choctaw Cir. Ct.


text:
    EX PARTE Garry C. KRAFT
    CR-14-1165
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Mand. pet. denied.


text:
    EX PARTE Timothy E. DUPREE
    CR-14-1203
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Mand. pet. dismissed.


text:
    EX PARTE Darren Owen KEETON
    CR-14-1204
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Transferred to Walker Cir. Ct.


text:
    EX PARTE Timothy Renard EATMON
    CR-14-1224
    Court of Criminal Appeals of Alabama.
    06/29/2015
   Mand. pet. denied.


author: WINDOM, Presiding Judge.

text:
    D.J.J. v. STATE of Alabama.
    CR-13-1500.
    Court of Criminal Appeals of Alabama.
    Nov. 21, 2014.
    Kevin Raynord Roberts, Birmingham, for appellant.
    Luther Strange, atty. gen., and Kristi O. Wilkerson, asst. atty. gen., for appellee.
   On Return to Remand

WINDOM, Presiding Judge.

D.J.J. appeals the juvenile court’s order of restitution in the amount of $1,448.85. The restitution was ordered after D.J.J. was adjudicated delinquent based on his pleading true to a charge of first-degree receiving stolen property, a violation of § 13A-8-17, Ala.Code 1975.

On November 20, 2013, Officer Ronald Brown of the Birmingham Police Department initiated a traffic stop on a Chrysler 300 vehicle. D.J.J. was the driver of the vehicle. Officer Brown checked the license number of the vehicle, which revealed that the vehicle had been stolen from Sandra Jolla on October 15, 2013. D.J.J. admitted that he knew the vehicle was stolen and that he had received it from his stepbrother.

As a result of the theft, Jolla incurred $1,448.85 in losses—$500 of that amount represented her insurance deductible, while the remainder was the result of personal property that was in her vehicle at the time of the theft but was not recovered.

On appeal, D.J.J. argues that the juvenile court erred in assessing restitution for the personal property that was in Jolla’s vehicle because he did not plead true to receiving those items, nor was there any evidence presented indicating that he was ever in possession of those items.

“The right of crime victims to receive restitution is set forth in the Restitution to Victims of Crimes Act, § 15-18-65 et seq., Ala.Code 1975 (‘the Act’).” Roberts v. State, 863 So.2d 1149, 1152 (Ala.Crim.App.2002). Section 15-18-65 states:

“The Legislature hereby finds, declares and determines that it is essential to be fair and impartial in the administration of justice, that all perpetrators of criminal activity or conduct be required to fully compensate all victims of such conduct or activity for any pecuniary loss, damage or injury as a direct or indirect result thereof. The provisions of this article shall be construed so as to accomplish this purpose and to promote the same which shall be the public policy of this state.”

Section 15-18-66(1), Ala.Code 1975, defines “criminal activity” as “[a]ny offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.” Although the legislative intent of Alabama’s restitution scheme dictates a broad application, a trial court’s discretion in ordering restitution is not unlimited. A defendant

“could be ordered to pay restitution to the victim of his crime only if one of two conditions existed: (1) his victim suffered direct or indirect pecuniary loss as a result of the criminal activity of which the defendant has been convicted, or (2) he admitted to other criminal conduct during the proceedings that was the proximate cause of the victim’s pecuniary loss or damages.”

B.M.J. v. State, 952 So.2d 1174, 1176 (Ala.Crim.App.2006).

D.J.J. and the State both rely on Ex parte Theodorou 53 So.3d 151 (Ala.2010). In Theodorou, the appellant, who had pleaded guilty to third-degree receiving stolen property, was assessed restitution, in part, for pecuniary damage suffered by the victim that occurred before the appellant purchased the stolen property. The Alabama Supreme Court utilized a market theory to affirm this Court’s affirmance of the order assessing restitution, reasoning that the appellant’s willingness to purchase the stolen property created a market for the thief.

“[Ajlthough Theodorou’s receipt of the stolen equipment may not have directly caused the damage here, we agree with the State’s argument that Theodorou’s criminal conduct was an indirect cause of that damage; by purchasing the property that he knew was stolen, Theodorou intentionally placed himself in the chain of activities that included the theft of the specific property and caused the additional $12,801.58 in damages he was ordered to pay as restitution.”

Theodorou, 53 So.3d at 159 (emphasis in original) (citing Strough v. State, 501 So.2d 488, 491 (Ala.Crim.App.1986)).

Here, D.J.J. pleaded true to a charge alleging he had received Jolla’s stolen vehicle. However, there was no allegation that D.J.J. ever received the personal property that was in Jolla’s vehicle. Therefore, Theodorou is distinguishable from the instant case.

In Best v. State, 895 So.2d 1050 (Ala.Crim.App.2004), this Court reviewed the restitution assessed on the appellant for his conviction for first-degree receiving stolen property. The appellant was found in possession of a stolen truck and, following his conviction, was assessed $3,300 in restitution for the victim’s personal property that was in the truck when it was stolen. This Court reversed the order assessing the restitution, holding:

“In the present case, Best was convicted of receiving stolen property, i.e., Garrick’s 1988 Dodge pickup truck. There were no allegations or proof that Best ever had possession of Garrick’s personal property. In fact, as previously noted, Garrick admitted at the sentencing hearing that he ‘really [didn’t] know if Mr. Best ever had those items’ in his possession. (R. 181.) At the sentencing hearing, Best stated that ‘[t]he truck was given to [him] for drugs ... [that he] gave [Garrick’s] wife drugs to use the truck’ and that ‘on this date, February the 7th, [he] gave her some crack cocaine for the truck.’ (R. 186— 87.)
“In light of the foregoing, the trial court improperly ordered Best to pay restitution to Garrick in the amount of $3,300 for his missing personal property. Consequently, the trial court’s restitution award is reversed and the cause is remanded for the trial court to amend its judgment accordingly.”

Best, 895 So.2d at 1056.

At the restitution hearing, the State presented only the testimony of Jolla, who did not testify to D.JJ.’s possession of the personal property in her vehicle. As in-Best, “[t]here were no allegations or proof that [D.J.J.] ever had possession of [Jol-la’s] personal property.” Best, 895 So.2d at 1056. Nor was there an admission by D.J.J. from which the juvenile court could have found that D.J.J. was the proximate cause of Jolla’s damage related to her missing personal property. Consequently, pursuant to this Court’s holding in Best, that portion of the restitution order that assessed an amount to compensate Jolla for the missing personal property is reversed, and the cause is remanded for the juvenile court to amend its judgment accordingly. The remaining portion of the restitution—$500, which was assessed to compensate Jolla for her payment of her insurance deductible—has not been challenged on appeal and is affirmed. Due return shall be made within 28 days of this opinion.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.

WELCH, KELLUM, BURKE, and JOINER, JJ., concur.

       Note form the reporter of decisions: On September 15, 2014, the Court of Criminal Appeals remanded this case by order.

      . On September 15, 2014, this Court remanded this case to the juvenile court for that court to enter an order of judgment into the State Judicial Information System. See Rule 58(c), Ala. R. Civ. P.

       Note from the reporter of decisions: On May 18, 2015, on return to remand, the Court of Criminal Appeals dismissed the appeal, without opinion.