HORTON INC BIRMINGHAM v. BELLATON PROPERTY OWNERS ASSOCIATION INC (2023)

Supreme Court of Alabama.

D.R. HORTON, INC.-BIRMINGHAM v. BELLATON PROPERTY OWNERS ASSOCIATION, INC.

SC-2022-0662

Decided: April 28, 2023

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(B), Ala. R. App. P.

I dissent from affirming the Baldwin Circuit Court's judgment in favor of Bellaton Property Owners Association, Inc. (“the Association”), with regard to the Association's breach-of-contract claim against D.R. Horton, Inc.-Birmingham. I concur in affirming the judgment with regard to all other claims.

STEWART, Justice.

Shaw, Wise, Bryan, Mendheim, and Mitchell, JJ., concur. Parker, C.J., concurs in part and dissents in part, with opinion. Sellers, J., dissents, without opinion. Cook, J., recuses himself.

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