Opinion

Tyson v. Macon County Greyhound Park, Inc.

  • 43 So. 3d 587
  • 2010 Ala. LEXIS 19
  • 2010 WL 415271
Court
Supreme Court of Alabama
Filed
Feb 4, 2010
Status
Published
Author
Smith
On the bench
Lyons, Stuart, Bolin, Parker, Shaw, Smith, Murdock, Cobb, Woodall
Cited by
15 cases
Authority
More cited than 17.7%

holding that, with exceptions not applicable here, courts are without subject-matter jurisdiction to adjudicate in civil proceedings matters that should be decided in criminal proceedings or related forfeiture actions for which the legislature has provided

How later courts described this case

  • holding that, with exceptions not applicable here, courts are without subject-matter jurisdiction to adjudicate in civil proceedings matters that should be decided in criminal proceedings or related forfeiture actions for which the legislature has provided
  • noting that a forfeiture statute applicable to gambling devices, § 13A-12-30, Ala.Code 1975, is "a provision found in the Criminal Code,” and disallowing an independent proceeding initiated by the defendant that would have preempted a potential forfeiture action by the State
  • holding that, with exceptions not applicable here, courts "may not interfere with the enforcement of criminal laws through a civil action"

Written by the judges who cited it.

The opinion

SMITH, Justice

(concurring specially).

I write separately to express my basis for joining the main opinion. As I understand it, the main opinion rests on the *592 conclusion that the “‘only effect [of the declaratory-judgment action filed by Macon County Greyhound Park, Inc., d/b/a VictoryLand (hereinafter “VictoryLand”),] would be to decide matters which properly should be decided in a criminal action.’” 43 So.3d at 589 (quoting 22A Am.Jur.2d Declaratory Judgments § 57 (2003) (emphasis added)). That conclusion, in turn, rests on the conclusion that VietoryLand’s declaratory-judgment action is solely an attempt to use a civil proceeding to interfere with a criminal investigation.

I do not read the main opinion as holding that the trial court would be without subject-matter jurisdiction to entertain an action, such as the action filed in State ex rel. Tyson v. Ted’s Game Enterprises, 893 So.2d 355 (Ala.Civ.App.2002), aff'd, Ex parte Ted’s Game Enterprises, 893 So.2d 376 (Ala.2004), in which it cannot be said that the action is solely an attempt to use a civil proceeding to interfere with a criminal investigation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.