Barbara Moore, Vanessa Reed, and Christine Burrell v. State of Alabama ex rel. Mayor Robin Sims, as informant

Summary

The Supreme Court of Alabama reviews a Jefferson Circuit Court judgment granting a writ of quo warranto and a permanent injunction that removed three Lipscomb city council members for allegedly failing to satisfy statutory residency requirements. The Court concludes that the trial court lacked subject-matter jurisdiction because the statutory prerequisites for commencing a quo warranto action were not satisfied, and it reverses and remands. The excerpt addresses the statutory commencement requirements, including judicial direction or security for costs, as well as related election and appellate-procedure issues.

Holdings

1. Under Alabama Code § 6-6-591(b), a quo warranto action commenced without a circuit judge's direction must be brought on the information of a person who gives security for the costs of the action, and that security is a condition precedent to the circuit court's subject-matter jurisdiction.
2. A bond required under Rule 65(c) for a temporary restraining order or preliminary injunction does not satisfy the separate security-for-costs requirement under § 6-6-591(b).
3. Because the trial court lacked subject-matter jurisdiction, its judgment declaring the council seats vacant and ordering that they be filled was void and had to be reversed.

Questions Presented

1. Whether the trial court had subject-matter jurisdiction over an informant-initiated quo warranto action when the relator had not provided the security for costs required by Alabama Code § 6-6-591(b).
2. Whether a bond required under Rule 65(c), Alabama Rules of Civil Procedure, for a temporary restraining order could satisfy the separate statutory security-for-costs requirement for the quo warranto action.
3. What disposition was required when the trial court's judgment was entered without subject-matter jurisdiction.

Disposition

reversed_and_remanded