No. 19-1322

Robert L. Vaughn, Jr., aka Judson Vaughn v. William O. Bray, et al.

Lower Court: Alabama
Docketed: 2020-05-29
Status: Denied
Type: Paid
Tags: alabama-state-law civil-procedure civil-rights doctrine-of-laches doctrine-of-latches due-process judicial-discretion spiva-v-boyd standing state-law-precedent statute-of-limitations superseding-authority testamentary-capacity undue-influence
Key Terms:
SocialSecurity Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Can a trial court and The Supreme Court of Alabama ignore previous Supreme Court of Alabama decisions that protect plaintiffs in cases of undue influence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. -Can a trial court and The Supreme Court of Alabama ignore previous Supreme Court of Alabama decisions that protect plaintiffs in cases of : undue influence? Spiva v. Boyd, 90 So. 289 (Ala. 1921) declared: “In suits for relief on the ground of ; undue influence, neither limitations nor laches can : begin to operate against the injured complainant so long as the undue influence itself continues.” . : However, in this action, Vaughn v. Bray, et al, the trial court ignored Spiva v. Boyd and ruled for the ‘ defendants based on the Doctrine of Latches — even : though the evidence was clear that Teresa Bray, the sole beneficiary of the testator’s property, unduly influenced said testator until the testator’s death. , Within a month of the testator’s death, the plaintiff filed a suit against the defendants. The Supreme Court of Alabama affirmed the trial court ruling. 2. Cana trial court and The Supreme Court of ; Alabama ignore a superseding authority and decide a case based not on the superseding authority, but rather on the law that the authority supersedes? : : Spiva v. Boyd is a superseding authority over statutes of limitations and the Doctrine of Latches in cases of undue influence. Spiva presents clear ; guidelines that protect plaintiffs — just as statutes of ‘ limitations protect defendants. Spiva v. Boyd is an Alabama state law that might be deemed (by some) as an unusual law, one perhaps that has few related or comparable laws in other states. But it is an ; important law that levels the playing field (in some circumstances) between plaintiffs and defendants in matters involving undue influence.

Docket Entries

2020-10-05
Petition DENIED.
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-03-12
Petition for a writ of certiorari filed. (Response due June 29, 2020)

Attorneys

Robert L. Vaughn, Jr., aka Judson Vaughn
Judson Vaughn — Petitioner