Hello guys,
I had my hearing about a month ago and just received the judge's order. It appears that the Plaintiff won the hearing and the judge denied the main argument to prevent the case from preceding forward. The Judge did however Grant one of the motions in my favor but I am unsure if it helps me in any way. Can someone help me interpret this - specifically what damages of Tort Trespass can the Plaintiff sue me for in relationship to the trees.
As recap on the case, I was accused of cutting multiple trees on my neighbors property. The property owners were going through a divorce and the husband who was actively living on the property gave my wife permission (children as witnesses) for us to chop down trees. The wife, who now lives on the property denies we ever had permission from her ex-husband to cut down additional trees than one that has fallen down. There are more details in the prior posts if you need a refresher for the case.
The judge's order for the hearing (defendant's request for dismissal) reads as follows:
1. As it regards the special penalties for the cutting of trees, as provided in 35-14-1 et sec. Code of Alabama (1975), the Defendant's Motion to Dismiss is GRANTED The special penalties in that chapter are subject to a one-year statute of limitations.
2. However, as it regards the general tort of trespass, the Defendants' Motion to Dismiss is DENIED. Pursuant to 6-2-34 (2), Code of Alabama (1975), actions for trespass are subject to a six-year state of limitations. Further, 35-14-1 (c) specifically provides that actions for penalties for the cutting of trees may be joined with actions for trespass, for cutting, injuring, or removing timber. Section 35-14-3 specifically notes that the special penalties for cutting of trees do not bar the Plaintiff's right to sue in an action for further damages.
I have added the 3 Alabama Law Codes below that pertains to this case and hearing:
Alabama Code Title 35. Property § 35-14-1
(a) Any person who cuts down, deadens, girdles, boxes, destroys, or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory, or wild cherry tree, or sapling of that kind, on land not his own, willfully and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed, or taken away by any person, he must pay to such owner the sum of $10.00.
Alabama Code Title 35. Property § 35-14-3
Any action for the specific penalties given by this chapter may be brought in any court of competent jurisdiction and must be brought within one year from the time the injury was committed and not after; and neither action brought, nor penalty incurred under any of the provisions of this chapter, is a bar to any action for further damages or to any criminal proceeding for any offense included in the acts for which such penalties are herein imposed or connected therewith.
(b) When one person owns the land and another person owns the trees standing thereon, the owner of the trees is the owner of the land within the meaning of subsection (a) of this section.
(c) Actions under this section may be joined with actions for trespass, for cutting, injuring, or removing timber.
Alabama Code Title 6. Civil Practice § 6-2-34
The following must be commenced within six years:
(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;
(2) Actions for any trespass to real or personal property;
(3) Actions for the detention or conversion of personal property;
(4) Actions founded on promises in writing not under seal;
(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;
(6) Actions for the use and occupation of land;
(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;
(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and
(9) Actions upon any simple contract or speciality not specifically enumerated in this section
Thank you.
I had my hearing about a month ago and just received the judge's order. It appears that the Plaintiff won the hearing and the judge denied the main argument to prevent the case from preceding forward. The Judge did however Grant one of the motions in my favor but I am unsure if it helps me in any way. Can someone help me interpret this - specifically what damages of Tort Trespass can the Plaintiff sue me for in relationship to the trees.
As recap on the case, I was accused of cutting multiple trees on my neighbors property. The property owners were going through a divorce and the husband who was actively living on the property gave my wife permission (children as witnesses) for us to chop down trees. The wife, who now lives on the property denies we ever had permission from her ex-husband to cut down additional trees than one that has fallen down. There are more details in the prior posts if you need a refresher for the case.
The judge's order for the hearing (defendant's request for dismissal) reads as follows:
1. As it regards the special penalties for the cutting of trees, as provided in 35-14-1 et sec. Code of Alabama (1975), the Defendant's Motion to Dismiss is GRANTED The special penalties in that chapter are subject to a one-year statute of limitations.
2. However, as it regards the general tort of trespass, the Defendants' Motion to Dismiss is DENIED. Pursuant to 6-2-34 (2), Code of Alabama (1975), actions for trespass are subject to a six-year state of limitations. Further, 35-14-1 (c) specifically provides that actions for penalties for the cutting of trees may be joined with actions for trespass, for cutting, injuring, or removing timber. Section 35-14-3 specifically notes that the special penalties for cutting of trees do not bar the Plaintiff's right to sue in an action for further damages.
I have added the 3 Alabama Law Codes below that pertains to this case and hearing:
Alabama Code Title 35. Property § 35-14-1
(a) Any person who cuts down, deadens, girdles, boxes, destroys, or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory, or wild cherry tree, or sapling of that kind, on land not his own, willfully and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed, or taken away by any person, he must pay to such owner the sum of $10.00.
Alabama Code Title 35. Property § 35-14-3
Any action for the specific penalties given by this chapter may be brought in any court of competent jurisdiction and must be brought within one year from the time the injury was committed and not after; and neither action brought, nor penalty incurred under any of the provisions of this chapter, is a bar to any action for further damages or to any criminal proceeding for any offense included in the acts for which such penalties are herein imposed or connected therewith.
(b) When one person owns the land and another person owns the trees standing thereon, the owner of the trees is the owner of the land within the meaning of subsection (a) of this section.
(c) Actions under this section may be joined with actions for trespass, for cutting, injuring, or removing timber.
Alabama Code Title 6. Civil Practice § 6-2-34
The following must be commenced within six years:
(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;
(2) Actions for any trespass to real or personal property;
(3) Actions for the detention or conversion of personal property;
(4) Actions founded on promises in writing not under seal;
(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;
(6) Actions for the use and occupation of land;
(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;
(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and
(9) Actions upon any simple contract or speciality not specifically enumerated in this section
Thank you.
