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Whitworth v. Crestwood Development Corporation, LLC

Alabama Court of Civil Appeals

December 6, 2019

Timothy Lloyd Whitworth
v.
Crestwood Development Corporation, LLC, and Anastasia Agrippa Jordan

          Appeal from Jefferson Probate Court (18-BHM-01128)

          MOORE, JUDGE.

         Timothy Lloyd Whitworth appeals from a judgment entered by the Jefferson Probate Court ("the probate court") granting his application for redemption of certain real property located in Jefferson County ("the property") that had previously been sold for nonpayment of taxes to the extent that the probate court ordered that the funds paid for the redemption of the property be paid directly to Crestwood Development Corporation, LLC ("Crestwood"). We dismiss the appeal.

         Procedural History

         On May 15, 2018, Whitworth filed in the probate court an application for redemption of the property. Whitworth asserted:

"On or about March 3, 2008, the Probate Court . . . rendered a decree for sale of [the] Property, for payment of State and County taxes then due from Herman Lloyd Whitworth et al.
"On or about May 20, 2008, under and in pursuance of said decree, the Property was regularly offered for sale by the Tax Collector for said taxes, fees, costs and expenses; the Property was bid in for the State of Alabama.
"On or about January 12, 2018, Anastasia Agrippa Jordan ... paid $500.00 to buy [the] Property from the State Land Commissioner of Alabama, which issued its deed on [the] Property to Jordan. Jordan recorded said deed in the Office of the Judge of Probate of Jefferson County, Alabama, on February 7, 2018. . . .
"On or about March 26, 2018, [Crestwood] paid $600.00 to buy the Property from Jordan, who issued her deed on [the] Property to Crestwood. Crestwood recorded said deed in the Office of the Judge of Probate of Jefferson County, Alabama, on the same day...."

         Whitworth attached deeds supporting his allegations. In addition, Whitworth deposited with the clerk of the probate court the sum of $11, 040.37 ("the redemption funds"), which included the amount for which the property was sold to the state and interest thereon, subsequent taxes and interest thereon, and the fee for the redemption certificate.

         Crestwood subsequently answered Whitworth's application for redemption, "den[ying] each and every allegation set forth" therein.

         On February 6, 2019, the probate court entered an order stating that the application for redemption was granted. Subsequently, on February 21, 2019, the probate court entered a detailed judgment, stating, in part:

"2. A Certificate of Redemption is authorized to be awarded to [Whitworth], allowing ... Whitworth to redeem the Property and transfer sole title of the Property to himself.
"3. The Clerk of the Court is authorized to disburse the funds (previously paid into Court by [Whitworth]) being held by the Jefferson County Probate Court, in the amount of $11, ...

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