Supreme Court of Alabama

State of Alabama Ex Rel. Michael O'dell v. Gary Michael…

October 15, 20102010 Ala. LEXIS 205

Summary

The Alabama Supreme Court reversed the circuit court’s order quashing a writ of execution against Gary Michael Coker’s property and remanded for further determination of relief. The Court held that the consent order unambiguously relinquished the State’s claim to the property, precluding its later use to satisfy the criminal fine. The decision rests on a de novo construction of the consent order as a contract.