Defendant Franklin Stephens appealed a circuit court order granting an injunction to plaintiff Hazel Colley. Franklin is nephew to Sara Dees and Colley. In late 2011, Dees was residing at Troy Health and Rehabilitation Center. On approximately January 15, 2012, Stephens checked Dees out of the center and moved her back into her house in Troy. Stephens and an unidentified female companion also moved into the house and began caring for Dees. Colley alleged that Stephens thereafter began restricting access to Dees, preventing Colley and Dees's friends from speaking with her on the telephone or visiting with her outside his or his female companion's presence. Colley, who lives in Opelika, alleged she had previously had a close relationship with her sister and had stayed with her for weeks at a time to help with her medical needs; however, she alleged once Stephens moved into Dees's house Stephens would no longer allow her to stay with Dees overnight. Throughout 2012, Stephens took steps to "assist" Dees: (1) in executing a durable power of attorney; drafting a new will (replacing Colley as executor of Dees' estate and naming himself sole heir); and adding himself to all of Dees' bank accounts. Dees died in early 2013; Stephens thereafter began exercising control of her accounts. As executor, Stephens submitted Dees' will to probate. Colley moved the probate and circuit courts to set aside the power of attorney and will executed in 2012 alleging Stephens procured them via fraud, misrepresentation and undue influence. The circuit court granted Colley's request for injunctive relief. On appeal, Stephens argues both that Colley failed to establish by competent evidence the four elements set forth in Alabama case law and that the circuit court's preliminary-injunction order did not comply with Rule 65(d)(2). In this case, the Supreme Court concluded that it was "clear on its face" that the circuit court's order did not comply with Rule 65(d)(2) because the circuit court failed to state its reasons for entering the preliminary injunction. "This noncompliance obviates the need to consider Stephens's other argument that there was insufficient evidence before the circuit court to merit the entry of a preliminary injunction." The injunction order was reversed and the case remanded for further proceedings. View "Stephens v. Colley " on Justia Law
The post Stephens v. Colley appeared first on Justia Alabama Supreme Court Opinion Summaries.