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Smelser v. L&H Truck Services, LLC

Alabama Court of Civil Appeals

October 24, 2014

Rickey Smelser
v.
L& H Truck Services, LLC

Released for Publication June 17, 2015.

Appeal from Colbert Circuit Court. (CV-12-163). Trial Judge: Jacqueline M. Hatcher.

For Appellant: William Tipton Johnson, Jr., Tuscumbia.

For Appellee: Rodney B. Slusher, Florence.

MOORE, Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur.

OPINION

Page 694

MOORE, Judge.

Rickey Smelser appeals from a judgment of the Colbert Circuit Court (" the trial court" ) awarding L& H Truck Services, LLC, $20,228.75 for certain mechanical work performed by L& H. We reverse.

Background

L& H is a limited-liability company that is solely owned and managed by Charlie Hummel and that is in the business of repairing " eighteen wheelers." Between January 2011 and April 2012, L& H performed mechanical and repair work on different vehicles and sent invoices for that work totaling $22,100.27 to Smelser. Those invoices were not paid. L& H filed a complaint against Smelser " individually and d/b/a R& D Trucking, LLC," on September 13, 2012, and it later amended that complaint to add David Ashmore as a defendant. The complaint, as amended, alleged that Smelser and Ashmore owed L& H $22,100.27 on an open account, for work and labor done, for account stated, and to prevent unjust enrichment. After a trial, the trial court entered a judgment against Smelser, R& D Trucking, LLC, and Ashmore, jointly and severally, for $20,228.75. Smelser filed a postjudgment motion to alter, amend, or vacate the judgment or, in the alternative, for a new trial, which the trial court denied on November 5, 2013. Smelser appeals.

Issues

On appeal, Smelser argues that the trial court incorrectly applied the law exempting a member of a limited-liability company from the debts of that company and that L& H did not present sufficient evidence to support a judgment against Smelser in his individual capacity.

Page 695

Analysis


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