News

Firm Wins on Appeal

In an action by a Home Owner/ former Board member against the Property Owners Association and individual board members alleging the Board improperly increased dues and amended Association bylaws, the Circuit Court granted summary judgment on behalf of the defendants dismissing all claims of the plaintiff.  Further, the court granted the POA's claim for damages against the plaintiff for defamation per se, breach of fiduciary duty and intentional interference with contractual relations. Kristy Dugan and Partner Helen Alford defended the claims against the defendants, together with Patrick Collins as separate counsel for the POA on its counter-claims. 

On June 17, 2014, Helen Alford, together with Patrick Collins as separate counsel for the Property Owners Association appeared before the trial court to present evidence as to the POA's counterclaims for damages against the Plaintiff for defamation per se, breach of fiduciary duty and intentional interference with contractal relations.  On June 18, the trial court entered an order in favor of the POA and against the Plaintiff and awarded the POA both compensatory and punitive damages.  The Plaintiff appealed both trial court orders to the Alabama Court of Civil Appeals.

On June 26, 2015, the Alabama Court of Civil Appeals upheld the trial court's order on all but one of Plaintiff's claims, and remanded back to the trial court on the POA's counterclaims.  Those two remaining claims were setted by the parties out of court.