Christian & Small Attorneys Successfully Defend Appeal of Dismissal Secured in Trial Court

Christian & Small represented a homeowner’s association that was sued by one of its members for alleged violations of its fiduciary duties and its failure to enforce various restrictive covenants. After a successful dispositive motion in the trial court, the plaintiffs appealed to the Alabama Court of Civil Appeals, arguing that the trial court exceeded its discretion in rendering its decision. The Alabama Court of Civil Appeals delivered an initial favorable decision to our HOA.

The plaintiffs challenged this decision and petitioned the Court of Civil Appeals for rehearing. J. Ford Mozingo wrote a brief in opposition to the rehearing explaining why rehearing was improper and why the trial court’s initial favorable decision should stand. On November 21, 2025, the Alabama Court of Civil Appeals agreed and unanimously rejected the petition for rehearing. The Court issued its certificate of judgment on December 9, 2025, finalizing the lawsuit and securing a successful outcome for Christian & Small’s client.

  Michael A. Vercher is an equity partner and practices in the Birmingham, Alabama, office. He is currently serving in his second term on the firm's Executive Committee and chairs the firm's Transportation Practice Group. He serves as Program Chair for the American Bar Association Tort Trial & Insurance Section (TIPS): Transportation Megaconference. Mike was recently elected to serve a four-year term on the city council of Vestavia Hills, Alabama.

 J. Ford Mozingo is an Associate in the Birmingham, Alabama office, where he works across various areas of litigation. He earned his bachelor's degree summa cum laude from the University of Alabama and his Juris Doctor from the University of Alabama School of Law.

About Christian & Small

Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation, ranging from individuals and closely held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on litigation and business. It is a member of the International Society of Primerus Law Firms and a Mansfield Rule™ Certified Plus Law Firm. Our corporate social responsibility program focuses on education, and diversity is one of Christian & Small's core values.

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