Briner v. City of Midfield

I respectfully dissent. Because I believe that the City substantially complied with the statute, I would affirm the trial court’s order of a summary judgment for the City. Section 15-13-134, Ala.Code 1975, states that a “conditional forfeiture notice may be served by any law enforcement officer ... the notice may be served by certified mail, requiring a signed receipt or some equivalent thereof.” (Emphasis added.) In State v. Taylor, 567 So.2d 372 (Ala.Civ.App.1990), this court stated that a “literal, verbatim compliance with the statute is not required.” Taylor, 567 So.2d at 374.

The record…