Powers v. Chadwell Homes, LLC, [Ms. SC-2024-0269, Sep. 20, 2024] __ So. 3d __ (Ala. 2024). The Court (Sellers, J.; Parker, C.J., and Stewart, Mitchell, and Cook, JJ., concur) affirms the Jefferson Circuit Court’s summary judgment in favor of Chadwell Homes, LLC in an ejectment action and enters frivolous appeal sanctions against the defaulting mortgagors Anthony and Gweneth Powers. The Court first concludes “there is no question of material fact regarding Chadwell’s right to possession of the property and the Powerses’ duty to vacate the property. See generally § 6-6-280, Ala. Code 1975 (providing that an ejectment claim may succeed on proof that the plaintiff has legal title to the premises in question and that the defendant unlawfully withholds and detains the premises).” Ms. *6.
In awarding sanctions, the Court notes “[t]he arguments the Powerses attempt to make in their brief to this Court are rambling, confusing, without proper context, and not properly supported by adequate explanation, citations to evidence, or relevant legal authority. ... What is reasonably clear, however, is that they are attempting to challenge Chadwell’s authority to foreclose and the validity of the foreclosure. Those challenges, which are largely based on unsupported factual assertions and confusing unpersuasive arguments, have been previously raised and rejected more than once in previous actions.” Ms. *7. The Court notes they lived in the home for nearly ten years while paying only $400 toward the mortgage and that “[t]he present frivolous appeal is just the latest example of the Powerses’ dilatory tactics.” Ms. *11. The Court “awards Chadwell ‘just damages,’ see Rule 38 [Ala. R. App.], in the amount of $7,070.54.” Ms. *11.