Chickasaw Marine Services, LLC, Charles R. Kinzeler, and Billy W. Haney v. William Joseph Ladnier, Gulfstream Properties, LLC, and Gulfstream Investments, LLC

Summary

The United States District Court for the Southern District of Alabama addressed termination of a lis pendens and an award of prejudgment interest following a jury trial involving an alleged oral agreement, conversion of a drydock, and wrongful possession of real property. The court held that the lis pendens should be terminated after the expiration of the applicable appeal period or appellate resolution in Gulfstream’s favor. It awarded prejudgment interest on the wrongful-possession damages but denied prejudgment interest on the conversion damages because the conversion date was uncertain.

Holdings

1. The court may direct the Mobile County Probate Judge to note that the action terminated in Gulfstream's favor, but the lis pendens is to be terminated after expiration of the appropriate period for appeal or after appellate determination resolving the matter in Gulfstream's favor if an appeal is taken.
2. Gulfstream was entitled to prejudgment interest at the statutory rate on its wrongful-possession damages because the date of wrongful possession and the value of the damages were sufficiently certain from the jury's findings.
3. Gulfstream was not entitled to prejudgment interest on its conversion damages because the date on which the drydock was converted was uncertain and could not be independently determined by the court.

Questions Presented

1. When may the lis pendens notice recorded against the property be terminated under Alabama law?
2. Whether Gulfstream was entitled to prejudgment interest on the jury's damages for wrongful possession of the property and conversion of the drydock.

Disposition

other