Supreme Court of Alabama

David C. Milton, Kelly O. Milton, Southeastern Land Group, Inc., and Pinhoti Ridge Retreat, LLC v. Anthony D…

December 22, 2023

Summary

The court reversed a preliminary injunction requiring removal of gates because the trial court issued it without requiring the applicants to provide security for costs, damages, and attorney fees. The court held that security is mandatory unless a recognized exception is supported by competent evidence, and the evidence did not establish that the dispute involved an overriding public concern. The case was remanded for further proceedings.