Alpha Connect Corporation, d/b/a Alpha Connect, and Gerald King v. Stephen Mangina
CourtSupreme Court of Alabama
Date FiledNovember 6, 2026
DocketSC-2026-0107
JudgeCook, J.
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Rel: November 6, 2026
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern
Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts,
300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other
errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
SUPREME COURT OF ALABAMA
OCTOBER TERM, 2026-2027
_________________________
SC-2026-0107
_________________________
Alpha Connect Corporation, d/b/a Alpha Connect, and Gerald
King
v.
Stephen Mangina
Appeal from Jefferson Circuit Court
(CV-23-902344)
COOK, Justice.
This appeal arises from a business dispute. The trial court granted
SC-2026-0107
a motion for a judgment on the pleadings. Because of Alabama's pleading
standards, we reverse.
The plaintiffs are: (1) Alpha Connect Corporation, d/b/a Alpha
Connect ("Alpha"), and (2) Gerald King, who is a shareholder and officer
of Alpha. Alpha is a Mississippi corporation that provides internet service
using fiber and cellular equipment attached to existing utility poles.
In 2023, King and Alpha sought a pole-attachment agreement with
Southern Company and enlisted Chad Williams to help them find a
contact there. Williams's mother, Kate Szkolnik, a Southern Company
engineer, allegedly warned Williams that King was a felon, a thief, and
an elder abuser who would lie, cheat, and steal from just about anyone.
When Williams asked where she had heard this, Szkolnik named
Stephen Mangina, another Southern Company employee.
King and Alpha allege that Mangina's statements caused their
negotiations with Southern Company to collapse, led other businesses to
refuse to deal with them, and derailed King's sale of rental property to
Williams.
King and Alpha eventually sued Mangina and Szkolnik in the
Jefferson Circuit Court. In their complaint, Alpha and King asserted
2
SC-2026-0107
three causes of action against Mangina and Szkolnik: (1) intentional
interference with business relations, (2) false-light invasion of privacy,
and (3) defamation of character. Mangina eventually moved for a
judgment on the pleadings under Rule 12(c), Ala. R. Civ. P.
The circuit court entered judgment on the pleadings for Mangina
on Alpha's intentional-interference, false-light, and defamation claims
and on King's intentional-interference and false-light claims. It denied
Mangina's motion as to King's defamation claim.
King's remaining defamation claim against Mangina was later
dismissed by agreement of the parties. The claims against Szkolnik were
ultimately resolved, producing a final judgment.
Alpha now appeals the judgment on the pleadings on its
intentional-interference, false-light, and defamation claims against
Mangina, and King appeals the judgment on the pleadings on his
intentional-interference and false-light claims against Mangina.1
For the reasons stated below, we reverse the judgment as to each
claim on which a judgment on the pleadings was entered and remand the
case for proceedings consistent with this opinion.
1Szkolnik is not party to the appeal.
3
SC-2026-0107
Facts and Procedural History
On July 7, 2023, Alpha, a Mississippi corporation, registered to do
business in Alabama. As stated previously, Alpha provides internet
services through private cellular and fiber infrastructure. Its business
depends on what are known as pole-attachment agreements. These are
agreements with utility companies that allow a provider to save costs by
attaching fiber optics to existing utility poles rather than newly laying
such equipment underground. King is a shareholder and corporate officer
of Alpha.
In spring 2023, King and Alpha first tried to secure a pole-
attachment agreement with Southern Company by directly reaching out
to employee Christian Crawford. Later, in May 2023, they approached
Williams to help find an alternative contact within Southern Company.
Williams's mother, Szkolnik, a Southern Company engineer, gave
Williams the name of another employee, Desmond Ladner, who might
assist.
During that same conversation, Szkolnik allegedly warned
Williams to "watch out" for King, telling her son that she had heard
"certain information from another employee at Southern Company in
4
SC-2026-0107
Birmingham" that King "was an elder abuser, thief, had multiple
felonies, and [was] not a good guy." Williams relayed those comments to
King, and, although Williams and King discussed them, they decided to
move forward with their business relationship.
On June 30, 2023, during a car ride back from a sales trip, Williams
called Szkolnik about cosigning a loan so he could buy rental property
from King in Sylacauga. Szkolnik told Williams that she hoped he was
not buying property from King, repeating that a "great friend and a
source at Southern Company" had told her that King was a "horrible
person" who would "lie, cheat, and steal from just about anyone" and was
an "elderly woman abuser." When Williams pressed his mother for the
source of those comments, Szkolnik named Mangina, another Southern
Company employee.
Alpha and King alleged that Mangina "apparently was made
aware" through Southern Company's internal systems that they were
seeking pole-attachment agreements and that Mangina knew about their
dealings with Williams, including the fact that Williams was the son of
Szkolnik. They also alleged that Mangina relayed the disparaging
statements about King to Szkolnik over Southern Company phone lines,
5
SC-2026-0107
on Southern Company time, using Southern Company resources. Those
statements, they said, were false because King had "never been convicted
of a felony" and had "never been convicted of elder abuse." King also
refuted that he was a liar, a cheat, or a thief.
On July 8, 2023, King and Alpha sued Mangina and Szkolnik,
alleging claims of intentional interference with business relations (Count
I), false-light invasion of privacy (Count II), and defamation of character
(Count III). In their complaint, King and Alpha specifically alleged that
Szkolnik's and Mangina's conduct directly caused their pole-attachment
negotiations to collapse, leaving Alpha with roughly $2,000,000 in fiber
inventory and $500,000 in cellular equipment it could not use.
They further alleged that "various third parties" -- including the
City of Pascagoula, Mississippi, and Crown Castle, a wireless-
infrastructure company -- declined to do business with them because of
Mangina's and Szkolnik's conduct and that it was this conduct that
interfered with King's real-property transaction with Williams.
In August 2023, Mangina and Szkolnik, each appearing pro se, filed
a PS-19 "Answer to Complaint" form on which they checked a box next to
the following statement, generally denying liability: "I do not owe the
6
SC-2026-0107
Plaintiff any money, and I do not agree with the Complaint. I understand
that if I check this box, there will be a trial and the Plaintiff will have to
prove his/her case."
After retaining counsel, Mangina moved for a judgment on the
pleadings in September 2023. He later refiled that motion twice -- once
to correct a service defect and once to add an exhibit. That exhibit was a
highlighted copy of Alpha's Alabama foreign-entity registration
application, showing that Alpha had filed and reserved its corporate
name with the Alabama Secretary of State on July 7, 2023 -- the day
before this suit was filed -- and had represented that it "began or will
begin" transacting business in Alabama on August 1, 2023. That
application was signed by King and dated July 7, 2023. The registered
agent for service listed on that application was Alex Hirschfield, the same
attorney representing King throughout this case.
In his amended motion for a judgment on the pleadings, Mangina
made a variety of arguments and prayed for a judgment in his favor
regarding all the claims in the complaint. Specifically, he argued that
there was a failure to state a claim on the part of Alpha due to the timing
of the alleged conduct in relation to the filing of the complaint and to the
7
SC-2026-0107
"transacting business" date Alpha put on its Alabama foreign-corporation
registration application. Additionally, he argued that allegations
regarding various elements of each of the alleged torts were missing from
the complaint, such as the "publicity" element of the false-light claims,
the knowledge element of the intentional-interference claims, and, as to
Alpha specifically, the "regarding" or "concerning" element of its
defamation claim.
We believe that the circuit court initially set Mangina's motion for
a hearing on October 5, 2023. Alpha and King objected that the short
notice, combined with Mangina's reliance on matters outside the
pleadings, violated the 10-day notice requirement, as laid out through
the combination of Rule 12(c) and Rule 56(c)(2), Ala. R. Civ. P.
In his response to the objection, Mangina objected to the claim that
his Rule 12(c) motion had to be treated as a motion for a summary
judgment. Mangina argued that, because Alpha and King "refer to public
documentation relating to details of Alpha Connect Incorporation in their
Complaint," "attaching the complete details from the public record on file
with the Alabama Secretary of State relating to Alpha does not convert
the Motion to a Rule 56 Motion."
8
SC-2026-0107
Later that same day, the circuit court issued an order granting
Alpha and King's objection "[f]or good cause shown." The hearing was
thus continued to November 9, 2023.
On November 6, 2023, Mangina filed a "Motion to Amend Motion
for Judgment on the Pleadings and Authority in Support of the Motion."
The amended motion incorporated the arguments he had made in his
original motion; added additional arguments about the City of
Pascagoula; contained legal authority on converting the motion and on
intentional-interference claims and the false-light claims; and, in the
alternative, added a request for a summary judgment if the motion were
converted.
Alpha and King opposed the amended motion on November 7, 2023,
reiterating that conversion of Mangina's motion to a summary-judgment
motion was necessary if documents outside the pleadings were
considered by the court. Their opposition also made several other
arguments, including that Mangina's motion did not address the
defamation count at all, that failure to register to do business in Alabama
bars only intrastate breach-of-contract claims (which were not asserted
in their complaint), and that no authority supported barring a foreign
9
SC-2026-0107
corporation from bringing a tort claim alleging intentional interference
with business relations.
On November 27, 2023, the circuit court issued an order granting
Mangina's motion in part and denying it in part. The circuit court entered
a judgment on the pleadings in favor of Mangina as to Alpha's
intentional-interference claim (Count I), false-light claim (Count II), and
defamation claim (Count III). It also entered a judgment on the pleadings
in favor of Mangina as to King's intentional-interference claim (Count I)
and his false-light claim (Count II). The circuit court denied Mangina's
motion as to King's defamation claim, finding that, accepting the
complaint's allegations as true, King had stated an actionable claim
against Mangina. The order did not expressly state that it was converting
either motion into a motion for a summary judgment, and the court gave
no notice of any intent to do so.2
After discovery, King and Mangina reached a compromise to
2Alpha and King argue that consideration of Alpha's Secretary of
State filing -- i.e., its Alabama foreign-entity registration application --
required conversion of Mangina's Rule 12(c) motion into one for a
summary judgment. See Rule 12(c), Ala. R. Civ. P. We need not decide
that issue because we reverse on independent grounds.
10
SC-2026-0107
dismiss King's remaining defamation claim. They then jointly moved the
circuit court to dismiss that claim, and the circuit court granted their
motion.
Alpha and King's claims against Szkolnik remained pending for
more than a year afterward. The parties notified the court of a settlement
in July 2025, and in November 2025 Szkolnik's counsel filed a general
release executed by Alpha, King, and Szkolnik. In mid-January 2026, the
parties jointly moved to dismiss all remaining claims against Szkolnik,
with prejudice, and the circuit court granted that motion on January 20,
2026, thus entering a final judgment.
On February 27, 2026, Alpha and King timely appealed the circuit
court's earlier order partially granting Mangina's motion for a judgment
on the pleadings.
Standard of Review
"When a motion for judgment on the pleadings is made by a
party, 'the trial court reviews the pleadings filed in the case
and, if the pleadings show that no genuine issue of material
fact is presented, the trial court will enter a judgment for the
party entitled to a judgment according to the law.' B.K.W.
Enters., Inc. v. Tractor & Equip. Co., 603 So. 2d 989, 991 (Ala.
1992). See also Deaton, Inc. v. Monroe, 762 So. 2d 840 (Ala.
2000). A judgment on the pleadings is subject to a de novo
review. Harden v. Ritter, 710 So. 2d 1254, 1255 (Ala. Civ. App.
1997). A court reviewing a judgment on the pleadings accepts
11
SC-2026-0107
the facts stated in the complaint as true and views them in
the light most favorable to the nonmoving party. Id. at 1255-
56."
Universal Underwriters Ins. Co. v. Thompson, 776 So. 2d 81, 82 (Ala.
2000). A Rule 12 motion is not the occasion for weighing competing
inferences, resolving disputed facts, or assessing whether the plaintiff
will ultimately be able to prove the claim. See Nance v. Matthews, 622
So. 2d 297, 299 (Ala. 1993).
Discussion
On appeal, King and Alpha argue that the circuit court held the
allegations in their complaint to a stricter standard than Alabama's
liberal pleading standard allows. In their view, it did so by treating
Alpha's registration date as fatal to their intentional-interference claims
and by drawing inferences against them that should have been drawn in
their favor.
Mangina argues that King and Alpha could not complain of
interference with business they conducted before Alpha was authorized
to transact business in Alabama and that the complaint otherwise fails
to allege the elements of their intentional-interference claims, the
publicity element required for their false-light claims, or any statement
12
SC-2026-0107
concerning Alpha.
Because each of the circuit court's rulings turned on the sufficiency
of the complaint's allegations, we begin with the pleading standard that
governs our review.
I. Alabama's Liberal Pleading Standard
Alabama's liberal pleading standard, as set out in Rule 8(a), Ala. R.
Civ. P., requires only "(1) a short and plain statement of the claim
showing that the pleader is entitled to relief, and (2) a demand for
judgment for the relief the pleader seeks." Our Court has stated that,
under this standard, "pleadings are to be liberally construed in favor of
the pleader." Adkison v. Thompson, 650 So. 2d 859, 862 (Ala. 1994). Our
Court has also consistently held that the ultimate purpose of pleadings
under our rules is to give fair notice to the adverse party of the claims
made against it and the grounds on which those claims rest. See, e.g.,
Simpson v. Jones, 460 So. 2d 1282, 1285 (Ala. 1984); Dempsey v.
Denman, 442 So. 2d 63 (Ala. 1983).
Alabama has not yet elected to adopt the heightened "plausibility"
pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007),
and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Alabama's approach thus
13
SC-2026-0107
remains closer to the traditional notice-pleading model reflected in
Conley v. Gibson, 355 U.S. 41, 47 (1957).
And no party suggests that we overrule our existing caselaw to
adopt the plausibility pleading standard. In fact, our Court has not even
expressly considered whether to adopt the standard set forth in Twombly
and Iqbal. The Court of Civil Appeals has considered the question, but it
correctly concluded that it remains bound by this Court’s precedent on
the pleading standard. See McKelvin v. Smith, 85 So. 3d 386, 391 (Ala.
Civ. App. 2010).
Our existing pleading rules are, by design, more forgiving of an
inartfully or incompletely pleaded claim than their federal counterparts,
and a trial court errs when it demands the kind of particularity or
evidentiary detail that Rule 8(a) does not require. See, e.g., Ex parte
McKesson Corp., 393 So. 3d 1180, 1203 (Ala. 2023). "The distinctions
between 'ultimate facts' and 'evidence' or conclusions of law are no longer
important since the proposed new rules do not prohibit the pleading of
facts or legal conclusions as long as fair notice is given to the parties."
14
SC-2026-0107
Rule 8, Ala. R. Civ. P., Committee Comments on 1973 Adoption.3 "The
rules are designed to discourage battles over mere form of statement
which often delay trial on the merits or prevent a party from having a
trial because of mistakes in statement." Id. In sum, a dismissal at the
pleading stage, or a judgment on the pleadings, is proper only when it
appears that the plaintiff can prove no set of facts that would entitle it to
relief. See Nance, 622 So. 2d at 299.
Two consequences of this liberal pleading standard matter for the
purposes of this appeal. First, a plaintiff need not plead every evidentiary
detail that would ultimately prove an element of a claim. For instance,
an allegation that a defendant "published" a statement, or "placed" a
matter "before the public," is not stripped of the presumption of truth
merely because it is phrased in general terms rather than backed, at the
pleading stage, by a full accounting of who was told what and when.
Second, a complaint must be read as a whole, not claim by isolated claim.
3"A fair reading and study of the Alabama Rules of Civil Procedure
lead to the determination that pleading technicalities are now largely
avoided and that the pleading of legal conclusions is not prohibited, as
long as the requisite fair notice is provided thereby to the opponent."
Mitchell v. Mitchell, 506 So. 2d 1009, 1010 (Ala. Civ. App. 1987).
15
SC-2026-0107
See Rule 8(f) ("All pleadings shall be so construed as to do substantial
justice."); Adkison, 650 So. 2d at 862. "The purpose of the Alabama Rules
of Civil Procedure is to effect justice upon the merits of the claim and to
renounce the technicality of procedure." Crawford v. Crawford, 349 So.
2d 65, 66 (Ala. Civ. App. 1977). Accordingly, we will review the circuit
court's order de novo, with our liberal pleading standard, and the two
principles just described, in mind.
II. Count I – Intentional-Interference Claims
A. Alpha's Intentional-Interference Claim Against Mangina
In the factual portion of the complaint, Alpha alleges the following
facts that appear to be relevant to its intentional-interference claim
against Mangina:
"12. Chad's mother, Kate Szkolnik … happened to work for
Southern Company as an engineer and provided Chad with
the contact information for an employee Desmond Ladner, of
Southern Company who could possibly assist Plaintiffs in
obtaining the pole attachment agreement. In the same
communication as mentioned hereinabove, Szkolnik told
Chad that she heard certain information from another
employee at Southern Company in Birmingham, AL about
King and advised her that Chad needed to watch out for King
because he was an elder abuser, thief, had multiple felonies,
and not a good guy.
"….
16
SC-2026-0107
"15. Chad then asked Szkolnik who told her the information
about King, and she stated a person named Stephen Mangina
told her that King is a horrible person, that he lies, that he is
a cheat, that he will steal from just about anyone, and that he
is an elderly woman abuser.
"16. Upon information and belief, Stephen Mangina … is
employed with Southern Company and apparently was made
aware through the Southern Company system that Plaintiffs
were looking for a pole attachment agreement.
"17. Mangina was also made aware that Plaintiffs had been
engaging in business dealings with Chad (because of the
communications Chad previously made with Desmond) and
Mangina also knows Chad to be Szkolnik's son.
"18. Upon information and belief, [Mangina] communicated
via Southern Company phone lines, defamatory or otherwise
false information concerning King and Alpha to Szkolnik,
while working at Southern Company, on Southern Company
time, and using Southern Company resources.
"19. The allegations made by Szkolnik and [Mangina] were
not based in truth and blatantly false as King has never been
convicted of a felony and never been convicted of elder abuse.
King further refutes that he is a liar, cheater, or steals.
"20. As a direct consequence of the actions taken by Szkolnik
and Mangina, Plaintiffs' negotiations and ability to secure a
pole attachment agreement dissipated. But for the conduct of
the Defendants, Alpha would have secured the pole
attachment agreement.
"21. Alpha had acquired approximately $2,000,000 in fiber
inventory and $500,000 in cellular equipment but it cannot
use the inventory or equipment without the pole attachment
agreement.
17
SC-2026-0107
"22. Also, various third parties have declined to do business
with or otherwise execute contracts with Alpha and King
because of the wrongful acts committed by Defendants. Such
contracts include agreements that would have been made
with Pascagoula City and Crown Castle on multiple cellular
towers as well as [a] transaction with Chad."
Count I of the complaint makes the following more specific claims in
support of Alpha's intentional-interference claim:
"29. Plaintiffs did have a business relationship with Chad
Williams and … Plaintiffs were seeking to contract with
Southern Company (Mississippi Power) and City of
Pascagoula.
"30. Defendants were aware of Plaintiffs' relationships and
the contracts that Plaintiffs were seeking with respect to
Southern Company (Mississippi Power) and Chad Williams.
"31. At all relevant times material to any business
relationship or contract Plaintiffs had or were to have,
Defendants were strangers to those transactions or business
relationships.
"32. Defendants intentionally interfered with Plaintiffs'
relationship and contract negotiations by disseminating false
information to said persons or parties. Defendants also sought
to discourage those persons or parties from doing business
with Plaintiffs or otherwise to avoid executing any contracts
with Plaintiffs
"33. Defendants were not justified in engaging in such
interference with Plaintiffs' business relationship or contract-
negotiations.
18
SC-2026-0107
"34. Because of Defendants' conduct, Plaintiffs were caused to
lose or otherwise materially benefit from said contracts and
therefore Plaintiffs have suffered damages."
1. Mangina's Registration Arguments Fail at the
Pleading Stage.
In its judgment on the pleadings as to Alpha's intentional-
interference claim against Mangina, the circuit court found that it was
"undisputed that" (1) Alpha did not begin doing business in Alabama
until after August 1, 2023, and (2) the only allegedly defamatory
statements attributed to Mangina were made sometime before June 30,
2023. The August 1 date did not come from the complaint. It came from
Alpha's registration application, which Mangina attached to his motion
and which stated that Alpha "began or will begin" transacting business
in Alabama on that date. Therefore, it appears that the circuit court
treated the timing of Alpha's Alabama operations as dispositive of its
intentional-interference claim.
Alpha argues that any registration defect had been cured before
suit was filed, that the alleged business relationships at issue were not
limited to Alabama, and that its registration status did not bar the claim
because it sounds in tort.
Mangina argues, however, that Alpha could not complain of
19
SC-2026-0107
interference with business activity conducted before Alpha was
authorized to transact business in Alabama.
We first consider whether Alpha's registration status foreclosed the
claim. Section 10A-1-7.21(a), Ala. Code 1975, provides that a foreign
entity transacting business in this State "may not maintain any action,
suit, or proceeding" in an Alabama court "until it has registered in this
state." (Emphasis added.) Alpha registered on July 7, 2023, and filed this
action the next day. We conclude that Alpha's registration status
provides no basis for the judgment on the pleadings, for three reasons.
First, any registration defect was cured before Alpha filed suit; second,
the circuit court's premise that Alpha was not doing business before
August 1 is contradicted by the complaint's own allegations; and third,
the relationships were centered in, though not limited to, Mississippi.
First, as noted, Alpha argues that any statutory prohibition was
impermanent and had been cured before the suit was filed. That
argument tracks the statute's own language. This Court has interpreted
§ 10A-1-7.21(a) as a door-closing statute imposing a temporary disability
on maintaining an action while a foreign corporation remains
unregistered. See CAG MLG, L.L.C. v. Smelley, 163 So. 3d 346 (Ala.
20
SC-2026-0107
2014). Thus, even assuming that Alpha's prior registration status
implicated the statute, the statute does not support treating that status
as a permanent bar to an action filed after registration.
This point is reinforced by § 10A-1-7.21(b), which expressly
provides: "The failure of a foreign entity to register in this state does not
impair the validity of any contract or act of the foreign entity …." The
statute does not declare a foreign corporation's preregistration business
unlawful, void, or unprotected. Simply put, nothing in that language
converts Alpha's preregistration business activity into a legal nullity. Nor
does the statute, or any of our caselaw interpreting it, confer substantive
tort immunity on a person who allegedly interferes with such
preregistration relationships. Mangina's contrary argument -- that,
because Alpha "could not lawfully conduct business until August 1,
2023," it was "impossible" for him to interfere with that business -- rests
on a premise that the statute does not support. Mangina's brief at 15.
Registration therefore does not resolve Alpha's claim, either as a matter
of the statute's text or on the present pleadings.
Second, the circuit court's premise fails on its own terms, because
the complaint contradicts it. The registration application stated only that
21
SC-2026-0107
Alpha "began or will begin" transacting business in Alabama on August
1, 2023. A forward-looking date on a registration form is not an admission
that a company had no business relationships, and engaged in no
business activity, before that date. And the complaint alleges that Alpha
was actively pursuing business for months beforehand. For instance, the
complaint specifically pleads that, in spring 2023, King and Alpha first
tried to secure a pole-attachment agreement with Southern Company by
directly reaching out to employee Christian Crawford. Later, in May
2023, they approached Williams to help find an alternative contact
within Southern Company. Williams's mother, Szkolnik, a Southern
Company engineer, gave Williams the name of another employee,
Desmond Ladner, who might assist. And the complaint alleges that, in
late June 2023, King and Williams were returning from a week-long sales
trip in Birmingham.
All of this activity occurred well before August 1, 2023, and much
of it occurred before the alleged improper comments by Mangina. The
circuit court nonetheless inferred from the registration form that Alpha
had no business to interfere with before August 1. On a Rule 12(c) motion,
the inferences run the other way. Universal Underwriters, 776 So. 2d at
22
SC-2026-0107
82; Nance, 622 So. 2d at 299. Even assuming that some of that activity
required registration, the statute's only consequence was that Alpha
could not maintain an action until it registered, § 10A-1-7.21(a); the
activity itself remained valid, § 10A-1-7.21(b).4
Third, Alpha’s argument about the location of its business is also
correct because the relationships identified in the complaint are not
confined to just Alabama. Alpha alleges that it was pursuing business
with Mississippi Power, a subsidiary of Southern Company, and the City
of Pascagoula and that other third parties declined to do business with it
as a result of the defendants' alleged conduct. Thus, the timing of Alpha's
proposed commencement of operations in Alabama does not, by itself,
establish that those alleged relationships did not exist or were incapable
of legal protection.
2. Mangina's Arguments Regarding Insufficiency of
Pleading Fail
Mangina further argues that, registration aside, the complaint fails
4Alpha also argues that its preregistration activities were interstate
commerce, to which the registration requirement does not apply -- that
is, that such activities (even if some were with an Alabama business)
logically would not fall within the date certified on the registration form.
We need not decide this question.
23
SC-2026-0107
to state the elements of intentional interference. Our analysis of such an
argument is governed by the same pleading standard discussed above --
the complaint's allegations must be accepted as true and all reasonable
inferences drawn in Alpha's favor.
Under Alabama law, a plaintiff alleging intentional interference
with business relations must eventually establish: "(1) the existence of a
protect[a]ble business relationship; (2) of which the defendant knew; (3)
to which the defendant was a stranger; (4) with which the defendant
intentionally interfered; and (5) damage." White Sands Grp., L.L.C. v.
PRS II, LLC, 32 So. 3d 5, 14 (Ala. 2009).
Mangina principally challenges the knowledge and stranger
elements. See Tom's Foods, Inc. v. Carn, 896 So. 2d 443, 455-56 (Ala.
2004). As to knowledge, the complaint alleges that Mangina became
aware through Southern Company's system that Alpha and King were
seeking pole-attachment agreements. It alleges that he knew Alpha and
King were engaged in business dealings with Williams and that Williams
was Szkolnik's son. And it alleges that Mangina communicated false
information concerning King and Alpha to Szkolnik. Count I likewise
repeats the allegation regarding Mangina's knowledge of Alpha and
24
SC-2026-0107
King's business relationships with Southern Company (Mississippi
Power) and Williams. Taken as true and viewed in Alpha's favor, these
allegations are sufficient at the pleading stage, and Rule 8(a) requires no
more detail. See, e.g., Johnson v. City of Mobile, 475 So.2d 517, 519 (Ala.
1985).
Nor does Mangina's employment with Southern Company defeat
the claim on the pleadings. His employment may (or may not) ultimately
bear on whether he was a stranger to a relationship involving Southern
Company's subsidiary Mississippi Power. There is simply not enough
information at this point to reach such a conclusion. Further, Alpha's
claim is not limited to that relationship because it attributes lost business
with Williams, the City of Pascagoula, and Crown Castle to Szkolnik's
and Mangina's alleged interference. Mangina's employment supplies no
obvious immunity as to those separate relationships.
Mangina may also ultimately prove that no protectable
relationships existed, that he lacked the relevant knowledge, or that he
was not a stranger to every alleged relationship -- but those are questions
for discovery. They do not establish, from the pleadings themselves, that
Alpha can prove no set of facts entitling it to relief.
25
SC-2026-0107
Read in Alpha's favor, the complaint adequately alleges an
intentional-interference claim. We therefore reverse the circuit court's
judgment on the pleadings as to Alpha's intentional-interference claim
against Mangina.
B. King's Intentional-Interference Claim Against Mangina
In the factual portion of the complaint, King alleges the following
facts that appear to be relevant to his intentional-interference claim
against Mangina:
"14. On or about June 30, 2023, Chad Williams and King were
headed back from a weeklong sales trip in Birmingham, AL,
and Chad called Szkolnik about co-signing for a loan as he
wanted to buy a rental property from King which was located
in Sylacauga, AL. Szkolnik stated to Chad that she hoped he
was not buying the property from King as she heard from a
great friend and a source at Southern Company that King is
a horrible person and he will lie, cheat, and steal from just
about anyone and that he is an elderly woman abuser.
"….
"16. Upon information and belief, Stephen Mangina … is
employed with Southern Company and apparently was made
aware through the Southern Company system that Plaintiffs
were looking for a pole attachment agreement.
17. Mangina was also made aware that Plaintiffs had been
engaging in business dealings with Chad (because of the
communications Chad previously made with Desmond
[Ladner]) and Mangina also knows Chad to be Szkolnik's son.
26
SC-2026-0107
"….
"19. The allegations made by Szkolnik and [Mangina] were
not based in truth and blatantly false as King has never been
convicted of a felony and never been convicted of elder abuse.
King further refutes that he is a liar, cheater, or steals.
"….
"22. Also, various third parties have declined to do business
with or otherwise execute contracts with Alpha and King
because of the wrongful acts committed by Defendants. Such
contracts include agreements that would have been made
with Pascagoula City and Crown Castle on multiple cellular
towers as well as transaction with Chad."
Count I of the complaint makes the following more specific claims in
support of King's intentional-interference claim:
"29. Plaintiffs did have a business relationship with Chad
Williams and … Plaintiffs were seeking to contract with
Southern Company (Mississippi Power) and City of
Pascagoula.
"30. Defendants were aware of Plaintiffs' relationships and
the contracts that Plaintiffs were seeking with respect to
Southern Company (Mississippi Power) and Chad Williams.
"31. At all relevant times material to any business
relationship or contract Plaintiffs had or were to have,
Defendants were strangers to those transactions or business
relationships.
"32. Defendants intentionally interfered with Plaintiffs'
relationship and contract negotiations by disseminating false
information to said persons or parties. Defendants also sought
to discourage those persons or parties from doing business
27
SC-2026-0107
with Plaintiffs or otherwise to avoid executing any contracts
with Plaintiffs.
"33. Defendants were not justified in engaging in such
interference with Plaintiffs' business relationship or contract-
negotiations.
"34. Because of Defendants' conduct, Plaintiffs were caused to
lose or otherwise materially benefit from said contracts and
therefore Plaintiffs have suffered damages."
The circuit court entered a judgment on the pleadings on King's
intentional-interference claim against Mangina on timing-based
reasoning similar to the timing-based reasoning it applied to Alpha's
intentional-interference claim. It reasoned that because the allegedly
defamatory comments by Mangina to Szkolnik, which the court found
took place in May 2023, were made "long before the June 30 conversation
between Chad Williams and his mother," those alleged defamatory
remarks "could not have been made with the intent to interfere with
contractual relationship between Plaintiff GERALD KING and Chad
Williams for the purchase of property belonging to Plaintiff GERALD
KING." (Capitalization in original.)
The circuit court's reasoning is flawed in two respects: (1) it draws
an inference about Mangina's intent against the nonmovant, King, and
(2) it treats the one property transaction as the entire universe of
28
SC-2026-0107
relationships impacted by Mangina's relevant conduct.
The circuit court could not resolve the issue of Mangina's intent
against King at the pleading stage merely from the timing of the alleged
statements. The complaint alleged that Mangina was "made aware that
Plaintiffs had been engaging in business dealings with Chad" and that
Mangina knew Chad was Szkolnik's son. Read in King's favor, those
allegations support an inference that Mangina knew of and intended to
disrupt King's dealings with Williams no matter when the comments
were made. The circuit court drew the opposite inference, and Rule 12(c)
does not permit that at the pleading stage. See Universal Underwriters,
776 So. 2d at 82.
Additionally, King's intentional-interference claim was not limited
to the proposed real-estate transaction with Williams. The complaint
alleges more broadly that "various third parties" declined to do business
with King and Alpha because of Mangina's conduct. By focusing
exclusively on the timing