Opinion

Briner v. City of Midfield

  • 831 So. 2d 53
  • 2002 Ala. Civ. App. LEXIS 70
  • 2002 WL 154114
Court
Court of Civil Appeals of Alabama
Filed
Feb 1, 2002
Status
Published
Author
Pittman
On the bench
Yates, Crawley, Thompson, Murdock, Pittman
Cited by
2 cases
Authority
More cited than 0.9%

by statute, return of certified mail receipt properly signed is prima facie evidence of service

How later courts described this case

  • by statute, return of certified mail receipt properly signed is prima facie evidence of service

Written by the judges who cited it.

The opinion

PITTMAN, Judge,

dissenting.

I respectfully dissent. Because I believe that the City substantially complied with the statute, I would affirm the trial court’s order of a summary judgment for the City. Section 15-13-134, Ala.Code 1975, states that a “conditional forfeiture notice may be served by any law enforcement officer ... the notice may be served by certified mail, requiring a signed receipt or some equivalent thereof.” (Emphasis added.) In State v. Taylor, 567 So.2d 372 (Ala.Civ.App.1990), this court stated that a “literal, verbatim compliance with the statute is not required.” Taylor, 567 So.2d at 374 .

The record contains some notices that were sent by U.S. Mail, while others reflect no signature or date. At least one receipt for service via certified mail has Briner’s signature under the signature line, indicating that she did receive service. Furthermore, there is no evidence in the record to suggest that Briner notified or even attempted to notify the clerk of the court in writing to change service to another address. See § 15-13-133, Ala.Code 1975.

Given the evidence found in the record, the Alabama caselaw holding that substantial compliance is sufficient, and the Alabama statutory authority stating the conditional nature of the requirement to follow statutory forms, I would conclude that the City substantially complied with the notice requirement. Therefore, I respectfully dissent.

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.

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