Supreme Court of Alabama

Corner Stone Funeral Chapel, Inc. v. Mvmg, LLC

December 5, 20142014 Ala. LEXIS 190

Summary

The court affirmed the order transferring the assets of an insolvent cemetery business from a receivership to MVMG, LLC. Because the trial court heard disputed ore tenus evidence and was exercising equitable discretion in managing the receivership, appellate review was limited to whether the court exceeded its discretion; the evidence supported the transfer. Justice Murdock concurred specially regarding the disputed and potentially unreliable evidence concerning grave-marker costs, while Justice Stuart dissented, arguing that the transfer should have maximized value for existing preneed-contract holders and should have been awarded to Corner Stone.