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H. L. Raburn & Co. v. Massey-Draughon Business College
Citations: 388 So. 2d 1225; 1980 Ala. Civ. App. LEXIS 1131Docket: Civ. 2265
Court: Court of Civil Appeals of Alabama; September 24, 1980; Alabama; State Appellate Court
H. L. Raburn Company filed a lawsuit in Montgomery County Circuit Court against Massey-Draughon Business College and Carlos B. Harbison for $5,906.06 for work allegedly performed. The plaintiff had previously initiated a separate lawsuit in Jefferson County Circuit Court against Educational Consultants, Inc. and Carlos B. Harbison for $49,344.99 for similar claims. On November 15, 1979, the defendants filed a motion to dismiss in Montgomery County, citing the ongoing prior action. The trial court granted this motion, referencing Section 6-5-440 of the Code of Alabama (1975), which prohibits prosecuting two simultaneous actions for the same cause against the same party. The court analyzed whether the defendants' motion to dismiss was valid, finding both suits involved the same cause of action concerning the money claimed. Carlos B. Harbison was a party in both lawsuits, thus a judgment in the first suit would bar recovery against him in the second. However, Massey-Draughon was not a party to the first lawsuit, nor was it shown to be in privity with any party from that case. The court noted that allowing the second suit could lead to double recovery or inconsistent verdicts, but remedies exist within the Alabama Rules of Civil Procedure to address this, such as continuances. Ultimately, the court affirmed the dismissal concerning Carlos B. Harbison but reversed and remanded the dismissal regarding Massey-Draughon Business College. The decision was affirmed in part and reversed in part, with Judges Bradley and Holmes concurring.