Legal Opinion

Holland v. Sweeney

Supreme Court of Alabama

Decided September 14, 2012No. 1110035PublishedCited by 1 opinion

1Opinion of the Court

PARKER, Justice.

Carson Sweeney petitions this Court for a writ of mandamus directing the Geneva Circuit Court to vacate its order of May 26, 2011, insofar as the order granted Timmy Joe Holland’s motion to strike Sweeney’s demand for a trial by jury in Holland’s trespass action against him. We grant the petition and issue the writ.

I. Facts and Procedural History

On November 24, 2010, Holland sued Sweeney, alleging that Sweeney had entered Holland’s property and damaged it by, among other things, “removing] trees, timber and other foliage, [and] soil”; “redirecting] water flow”; and…

2Cases cited25 opinions

  1. City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
  2. Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
  3. Feltner v. Columbia Pictures Television, Inc.Supreme Court of the United States · 1998
  4. Ex Parte Alfab, Inc.Supreme Court of Alabama · 1991
  5. Ex Parte EdgarSupreme Court of Alabama · 1989

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3Cited by1 opinion

  1. Henry v. First Exchange BankSupreme Court of Alabama · 2013

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