Ex Parte Howard Ross. (in Re Howard Ross v. West Wind Condominium Association, Inc., and Joseph London Iii)

Summary

The Supreme Court of Alabama reversed the Court of Civil Appeals and remanded, holding that the power to foreclose by judicial action under § 35‑8‑17 does not include the power to foreclose by sale under § 35‑8A‑316, and that the trial court erred in granting summary judgment because genuine issues of material fact existed regarding proper notice under § 35‑8A‑316. Justice Shaw dissented, arguing the petition was improper, and Justice Murdoch concurred in the result but disagreed with the majority’s reasoning on notice.