Legal Opinion

Diercks v. Odom

Court of Civil Appeals of Alabama

Decided April 7, 2017No. 2151011PublishedCited by 3 opinions

1Opinion of the Court

MOORE, Judge.

Robert Diercks and Carin Diercks appeal from a judgment entered by the Escambia Circuit Court ("the trial court") determining that they had breached the restrictive covenants applicable to residential lots located in the Second Alexander Heights Subdivision ("the subdivision") and enjoining the Dierckses "from further or additional construction of [a certain accessory building] located on Lot 58" and "[requiring] the [Dierckses] to remove the [building] from Lot 58." We reverse the trial court's judgment.

Procedural History

On February 18, 2015, certain owners of real property in…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Bass v. SOUTHTRUST BANK OF BALDWIN CTY.Supreme Court of Alabama · 1989
  2. Wilson v. BrownSupreme Court of Alabama · 1986
  3. Blue Cross and Blue Shield v. HodurskiSupreme Court of Alabama · 2004
  4. Williams v. State Farm Mut. Auto. Ins. Co.Supreme Court of Alabama · 2003
  5. Dow v. Alabama Democratic PartySupreme Court of Alabama · 2004

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3Cited by3 opinions

  1. Diercks v. Odom (Ex parte Odom)Supreme Court of Alabama · 2017
  2. Diercks v. OdomCourt of Civil Appeals of Alabama · 2017
  3. Mayor-President Sharon Weston Broome, Lewis O. Unglesby, and M.E. Cormier v. Chris Rials and Norman Browning, Organizers of the Petition to Incorporate St. GeorgeLouisiana Court of Appeal · 2023

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