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REL: 04/02/2010

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ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



REL: 04/02/2010

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010
2081196
Arthur Isaiah Radcliff v.
Hall Housing Investments, Inc.
Appeal from Jefferson Circuit Court (CV-09-2410)
MOORE, Judge.
Arthur Isaiah Radcliff appeals from a summary judgment entered by the Jefferson Circuit Court in favor of Hall Housing Investments, Inc. ("Hall"), on September 15, 2009. We affirm.



2081196

Facts and Procedural History On July 1, 2009, Hall filed a complaint alleging unlawful detainer against Radcliff in the Jefferson District Court ("the district court"). In that complaint, Hall alleged that Radcliff had failed to pay rent and late fees in accordance with a written lease agreement after having been served with a written notice to pay and that he had failed to return possession of the leased premises to Hall. Hall claimed that Radcliff owed $2,315.20 in unpaid rent and late charges. Radcliff filed an answer on July 8, 2009, in which he denied responsibility and asserted a counterclaim against Hall. In his counterclaim, Radcliff asserted that he had signed a lease-renewal addendum to renew his lease on June 2, 2009, and that, at that time, Hall revealed that Radcliff had been due a monthly utilities allowance of $104 during the term of the original lease and the addendum but that, according to Radcliff, the utilities allowance had been marked through on his original lease and "N/A" had been written beside that allowance. Radcliff asserted that Hall had falsely
represented to Radcliff that he was required to pay utilities, that he had signed the lease in reliance on that

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2081196

Facts and Procedural History On July 1, 2009, Hall filed a complaint alleging unlawful detainer against Radcliff in the Jefferson District Court ("the district court"). In that complaint, Hall alleged that Radcliff had failed to pay rent and late fees in accordance with a written lease agreement after having been served with a written notice to pay and that he had failed to return possession of the leased premises to Hall. Hall claimed that Radcliff owed $2,315.20 in unpaid rent and late charges. Radcliff filed an answer on July 8, 2009, in which he denied responsibility and asserted a counterclaim against Hall. In his counterclaim, Radcliff asserted that he had signed a lease-renewal addendum to renew his lease on June 2, 2009, and that, at that time, Hall revealed that Radcliff had been due a monthly utilities allowance of $104 during the term of the original lease and the addendum but that, according to Radcliff, the utilities allowance had been marked through on his original lease and "N/A" had been written beside that allowance. Radcliff asserted that Hall had falsely
represented to Radcliff that he was required to pay utilities, that he had signed the lease in reliance on that

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2081196

representation, and that he had fallen behind in his rent only because he was withholding the utilities allowances that he alleged were due him from Hall.
A trial was held in the district court at which Hall appeared with counsel and Radcliff appeared pro se. On August 3, 2009, the district court entered an order in favor of Hall on its unlawful-detainer claim against Radcliff. The district court ordered that the subject property was to be restored to Hall; it determined that rent was ascertained to be $556 per month due on the first of the month; and it determined that rent in that amount had accrued since the date the action was commenced. The district court then set "the money claim" for
trial on October 27, 2009.
On August 10, 2009, Radcliff filed a notice of appeal to the Jefferson Circuit Court ("the circuit court"). In that notice, Radcliff asserted that Hall had withheld utility reimbursements that were due Radcliff and alleged that Hall had "willfully and intentionally breached the lease contract, [its] fiduciary duty, suppressed material facts, and intentionally defrauded" Radcliff.

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2081196

representation, and that he had fallen behind in his rent only because he was withholding the utilities allowances that he alleged were due him from Hall.
A trial was held in the district court at which Hall appeared with counsel and Radcliff appeared pro se. On August 3, 2009, the district court entered an order in favor of Hall on its unlawful-detainer claim against Radcliff. The district court ordered that the subject property was to be restored to Hall; it determined that rent was ascertained to be $556 per month due on the first of the month; and it determined that rent in that amount had accrued since the date the action was commenced. The district court then set "the money claim" for
trial on October 27, 2009.
On August 10, 2009, Radcliff filed a notice of appeal to the Jefferson Circuit Court ("the circuit court"). In that notice, Radcliff asserted that Hall had withheld utility reimbursements that were due Radcliff and alleged that Hall had "willfully and intentionally breached the lease contract, [its] fiduciary duty, suppressed material facts, and intentionally defrauded" Radcliff.

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2081196

representation, and that he had fallen behind in his rent only because he was withholding the utilities allowances that he alleged were due him from Hall.
A trial was held in the district court at which Hall appeared with counsel and Radcliff appeared pro se. On August 3, 2009, the district court entered an order in favor of Hall on its unlawful-detainer claim against Radcliff. The district court ordered that the subject property was to be restored to Hall; it determined that rent was ascertained to be $556 per month due on the first of the month; and it determined that rent in that amount had accrued since the date the action was commenced. The district court then set "the money claim" for
trial on October 27, 2009.
On August 10, 2009, Radcliff filed a notice of appeal to the Jefferson Circuit Court ("the circuit court"). In that notice, Radcliff asserted that Hall had withheld utility reimbursements that were due Radcliff and alleged that Hall had "willfully and intentionally breached the lease contract, [its] fiduciary duty, suppressed material facts, and intentionally defrauded" Radcliff.

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2081196

representation, and that he had fallen behind in his rent only because he was withholding the utilities allowances that he alleged were due him from Hall.
A trial was held in the district court at which Hall appeared with counsel and Radcliff appeared pro se. On August 3, 2009, the district court entered an order in favor of Hall on its unlawful-detainer claim against Radcliff. The district court ordered that the subject property was to be restored to Hall; it determined that rent was ascertained to be $556 per month due on the first of the month; and it determined that rent in that amount had accrued since the date the action was commenced. The district court then set "the money claim" for
trial on October 27, 2009.
On August 10, 2009, Radcliff filed a notice of appeal to the Jefferson Circuit Court ("the circuit court"). In that notice, Radcliff asserted that Hall had withheld utility reimbursements that were due Radcliff and alleged that Hall had "willfully and intentionally breached the lease contract, [its] fiduciary duty, suppressed material facts, and intentionally defrauded" Radcliff.

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2081196

Hall filed a motion for a summary judgment in the circuit court on August 25, 2009. In that motion, Hall asserted that there was no genuine issue of material fact and that Hall was entitled to a judgment in its favor on its unlawful-detainer claim. In support of that motion, Hall attached the affidavit of Teria McCrear, Hall's property manager, the lease agreement between Hall and Radcliff, the addendum to the lease, the eviction notice, and a breakdown of the rent due from Radcliff.
Radcliff filed a response to Hall's summary-judgment motion on September 2, 2009, arguing that Hall had falsified the lease agreement by stating that Radcliff was not entitled to a utilities allowance and that Hall owed Radcliff for unpaid utilities allowances in the amount of $3,666. Radcliff failed to attach any evidentiary submissions to his response. In response to Radcliff's arguments, however, Hall submitted a second affidavit from McCrear, in which she stated that Radcliff's rent had been calculated after deducting the utilities allowance.
On September 10, 2009, Hall filed a motion for a writ of possession in which it asserted that Radcliff had failed to

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2081196

Hall filed a motion for a summary judgment in the circuit court on August 25, 2009. In that motion, Hall asserted that there was no genuine issue of material fact and that Hall was entitled to a judgment in its favor on its unlawful-detainer claim. In support of that motion, Hall attached the affidavit of Teria McCrear, Hall's property manager, the lease agreement between Hall and Radcliff, the addendum to the lease, the eviction notice, and a breakdown of the rent due from Radcliff.
Radcliff filed a response to Hall's summary-judgment motion on September 2, 2009, arguing that Hall had falsified the lease agreement by stating that Radcliff was not entitled to a utilities allowance and that Hall owed Radcliff for unpaid utilities allowances in the amount of $3,666. Radcliff failed to attach any evidentiary submissions to his response. In response to Radcliff's arguments, however, Hall submitted a second affidavit from McCrear, in which she stated that Radcliff's rent had been calculated after deducting the utilities allowance.
On September 10, 2009, Hall filed a motion for a writ of possession in which it asserted that Radcliff had failed to

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2081196

Hall filed a motion for a summary judgment in the circuit court on August 25, 2009. In that motion, Hall asserted that there was no genuine issue of material fact and that Hall was entitled to a judgment in its favor on its unlawful-detainer claim. In support of that motion, Hall attached the affidavit of Teria McCrear, Hall's property manager, the lease agreement between Hall and Radcliff, the addendum to the lease, the eviction notice, and a breakdown of the rent due from Radcliff.
Radcliff filed a response to Hall's summary-judgment motion on September 2, 2009, arguing that Hall had falsified the lease agreement by stating that Radcliff was not entitled to a utilities allowance and that Hall owed Radcliff for unpaid utilities allowances in the amount of $3,666. Radcliff failed to attach any evidentiary submissions to his response. In response to Radcliff's arguments, however, Hall submitted a second affidavit from McCrear, in which she stated that Radcliff's rent had been calculated after deducting the utilities allowance.
On September 10, 2009, Hall filed a motion for a writ of possession in which it asserted that Radcliff had failed to

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2081196

pay money into court pending the appeal of the case, as required by

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