# Briner v. City of Midfield

> Court of Civil Appeals of Alabama · February 1, 2002 · 831 So. 2d 53

URL: https://www.frixlaw.com/law-library/cases/7755031

## Case

- **Full name:** Bette Briner D/B/A Ok Bonding Company v. City of Midfield.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** February 1, 2002
- **Citations:** 831 So. 2d 53; 2002 Ala. Civ. App. LEXIS 70; 2002 WL 154114
- **Precedential status:** Published
- **Opinion:** Dissent by Pittman
- **Judges:** Yates, Crawley, Thompson, Murdock, Pittman
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7755031. Public record. Not legal advice.