Supreme Court of Alabama
Corner Stone Funeral Chapel, Inc. v. Mvmg, LLC
December 5, 20142014 Ala. LEXIS 190
Summary
The court affirmed the Rule 54(b)-certified judgment transferring the assets of an insolvent cemetery corporation to MVMG, LLC, holding that the trial court applied the ore tenus standard and acted within its discretion in selecting the LLC's proposal. The court relied on disputed testimony concerning the cost and feasibility of providing prepaid grave markers, the proposals' financial provisions, and the parties' experience and ability to maintain the cemetery. Justice Stuart, dissenting, would have reversed because the liquidation process should prioritize maximizing value for outstanding preneed-contract holders, whose interests she concluded were better served by Corner Stone's proposal.