Orlando Bethel v. Brennan James Franklin, Mikki Franklin, and Hughes Funeral Home and Crematory

Summary

The Supreme Court of Alabama held that the circuit court exceeded its discretion by denying Orlando Bethel a preliminary injunction protecting the decedent's cremated remains while his probate appeal was pending. The Court concluded that Bethel had a reasonable chance of success because the governing statute allowed him to challenge the surviving spouse's priority based on estrangement, and that the remaining injunction factors were satisfied because destruction or disposal of the ashes would cause irreparable harm without an adequate legal remedy. The Court also held that the defendants' transfer of the ashes did not moot the injunction request.