# Denson v. Bronner

> Supreme Court of Alabama · December 31, 2014 · 171 So. 3d 614

URL: https://www.frixlaw.com/law-library/cases/4821339

## Case

- **Full name:** Ex parte David BRONNER, in his official capacities as chief executive officer and secretary-treasurer of the Employees' Retirement System of Alabama and as chief executive officer and secretary-treasurer of the Teachers' Retirement System of Alabama (In re Tonya Denson and Venius Turner v. David Bronner)
- **Court:** Supreme Court of Alabama
- **Decided:** December 31, 2014
- **Citations:** 171 So. 3d 614; 2014 WL 7403996
- **Precedential status:** Published
- **Opinion:** Dissent by Moore
- **Judges:** Bolin, Bryan, Himself, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4821339

## Opinion text

MOORE, Chief Justice
(dissenting).
I agree with Justice Shaw that it is premature at this point in the case to supplant the considered judgment of the trial court. “[A] Rule 12(b)(6)[, Ala. R. Civ. P.,] dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.” Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993).
The trial court took into account the concerns expressed in the main opinion when it stated that among the issues before it were the following:
“whether and how the Court might substitute its judgment for the judgment of the Boards of Control, since investment policymaking is a function allotted by the legislature to the Boards of Control; [and] whether the Court can take the responsibility for investment policymak-ing from the Boards of Control when Plaintiffs have the political remedy of electing new and different members to the Boards of Control....” .
I would defer to the trial court to adjudge these issues in the first instance upon a full summary-judgment record.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4821339. Public record. Not legal advice.