Devosky Hood v. Barbara L. Smith
CourtCourt of Civil Appeals of Alabama
Date FiledNovember 6, 2026
DocketCL-2026-0393
JudgeEdwards, J.
StatusPublished
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Full Opinion
Rel: November 6, 2026
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter.
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ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2026-2027
_________________________
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_________________________
Devosky Hood
v.
Barbara L. Smith
Appeal from Montgomery Circuit Court
(CV-26-120)
EDWARDS, Judge.
On December 12, 2025, Barbara L. Smith commenced in the
Montgomery District Court ("the district court") an action asserting a
claim of unlawful detainer against Devosky Hood. Smith asserted that,
in July 2022, she and Hood had entered into a "commercial lease" ("the
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lease agreement"), pursuant to which Hood agreed to lease from Smith
certain real property ("the commercial lot"). According to documents
accompanying Smith's complaint, on August 25, 2025, Smith notified
Hood that he owed her approximately $53,500 in outstanding rent under
the terms of the lease agreement and that he had seven days from the
date of the notice either to satisfy his financial obligation or to vacate the
commercial lot.1
In his answer, Hood asserted that he had not been properly served
with Smith's complaint. He also asserted that he was not Smith's tenant
but, rather, that he and Smith had executed a purchase agreement ("the
alleged purchase agreement") in July 2022 for Hood to purchase the
commercial lot from Smith, and he attached documentation in support of
his assertions. Hood also presented a 2024 addendum to the alleged
purchase agreement that provided that Hood would receive a deed to the
commercial lot after paying Smith $53,000.2
1Smithalso filed an application and affidavit for the entry of a
default judgment against Hood, requesting $53,000 in monetary
damages.
2That amount was to be paid in monthly installments of $500.
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On February 26, 2026, the district court entered an order noting
that it had conducted a trial on Smith's complaint but that, "[d]uring the
course of the trial[,] it became apparent to the [district court] that the
case involved potential equitable issues, in particular, a dispute over the
sale of real property, in addition to a one[-]page commercial lease." The
district-court judge observed that "the issues of real property" were
beyond the scope of the district court's jurisdiction, and he transferred
the unlawful-detainer action to the Montgomery Circuit Court ("the
circuit court").
On April 2, 2026, after the unlawful-detainer action was docketed
in the circuit court, Hood filed in the circuit court a counterclaim against
Smith, alleging that the parties had previously entered into the alleged
purchase agreement, pursuant to which, he said, he had purchased from
Smith an interest in the commercial lot and had taken possession of the
commercial lot "consistent with a purchaser's interest." Hood requested
that the circuit court find that the "matter [was] a contract dispute, not
a landlord-tenant relationship," and that Smith had breached the alleged
purchase agreement by engaging in conduct that had "interfered with
and prevented [Hood] from performing under the [alleged purchase]
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agreement" by refusing to accept payment from Hood and failing to
provide Hood with receipts for the payments that she had accepted. Hood
requested that the circuit court order Smith to complete the sale of the
commercial lot or, in the alternative, award him appropriate monetary
damages.
The circuit court conducted a trial on April 29, 2026. On May 6,
2026, the circuit court entered a judgment holding that Smith was the
legal title holder of the commercial lot and that Hood had defaulted on
the terms of the lease agreement. The circuit court specifically noted
that, in ruling on Smith's unlawful-detainer action, it was "declin[ing] to
address the validity of the Land/Sales Contract entered into between the
parties, whether [Hood] maintain[ed] a right to purchase the [commercial
lot, and] whether [Hood was] entitled to a refund of his earnest money."
Hood appeals.
Although neither party has questioned this court's jurisdiction,
" 'jurisdictional matters are of such magnitude that we take notice of
them at any time and do so even ex mero motu.' " Hubbard v. Hubbard,
935 So. 2d 1191, 1192 (Ala. Civ. App. 2006) (quoting Nunn v. Baker, 518
So. 2d 711, 712 (Ala. 1987)). We conclude that the district court lacked
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the authority to transfer Smith's unlawful-detainer action to the circuit
court and that the circuit court's judgment is, therefore, void. We find
our decision in Darby v. Schley, 8 So. 3d 1011, 1013 (Ala. Civ. App. 2008),
to be instructive in this matter.
In Darby, the plaintiff initiated an unlawful-detainer action in the
Shelby District Court. That court transferred the action to the Shelby
Circuit Court based on assertions made in the defendant's motion to
dismiss. Id. at 1013. The Shelby Circuit Court entered a summary
judgment in the defendant's favor on the unlawful-detainer claim, and
the plaintiff appealed. Id. This court vacated the Shelby Circuit Court's
judgment and dismissed the appeal, stating, in relevant part:
"By statute, original jurisdiction over unlawful-detainer
actions lies in the district courts. § 6-6-330, Ala. Code 1975
('The forcible entry upon and detainer, or the unlawful
detainer, of lands, tenements and hereditaments is cognizable
before the district court of the county in which the offense is
committed.'). A circuit court may not exercise jurisdiction
over an unlawful-detainer action until the district court has
adjudicated the unlawful-detainer action and one of the
parties has appealed to the circuit court. See § 6-6-350, Ala.
Code 1975 ('Any party may appeal from a judgment entered
against him or her [in an unlawful-detainer action] by a
district court to the circuit court at any time within seven days
after the entry thereof, and [the] appeal and the proceedings
thereon shall in all respects, except as provided in this article,
be governed by this code relating to appeal from district
courts.'). Accordingly, [the plaintiff's] unlawful-detainer
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action was not an action 'within the exclusive jurisdiction of
the circuit court,' § 12-11-9, [Ala. Code 1975], and, therefore,
the Shelby District Court did not have the authority to
transfer that action to the Shelby Circuit Court pursuant to §
12-11-9. Moreover, because the Shelby District Court had not
adjudicated [the plaintiff's] unlawful-detainer action and no
appeal from such an adjudication had been taken, the
unauthorized transfer of [the plaintiff's] unlawful-detainer
action could not transfer jurisdiction over that action to the
Shelby Circuit Court. Furthermore, after the transfer of the
action to the Shelby Circuit Court, [the plaintiff] did not
amend his complaint to assert another claim that was within
the circuit court's original jurisdiction.
"Because the Shelby Circuit Court lacked jurisdiction
over [the plaintiff's] unlawful-detainer action, the purported
judgment it entered in that action is void and, therefore, will
not support an appeal. See, e.g., State Dep't of Revenue v.
Arnold, 909 So. 2d 192, 193 (Ala. 2005)."
8 So. 3d at 1013-14 (footnote omitted).
Smith's unlawful-detainer claim, which was the sole claim Smith
raised, was within the exclusive jurisdiction of the district court, see Ala.
Code 1975, § 6-6-330, and, pursuant to Ala. Code 1975, § 12-11-9
(providing that district courts must transfer cases within the "exclusive
jurisdiction of the circuit court" to the appropriate circuit court), it was
not subject to being transferred to the circuit court. Hood's equitable
defense to that claim is similarly within the district court's jurisdiction,
as is his compulsory counterclaim that Smith had violated the terms of
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the alleged purchase agreement. Ala. Code 1975, § 12-12-30. Because
the district court did not adjudicate Smith's unlawful-detainer claim or
Hood's compulsory counterclaim, neither party could have appealed that
adjudication to the circuit court.3 Ala. Code 1975, § 6-6-350. Thus, the
district court's unauthorized transfer of the action to the circuit court did
not transfer jurisdiction over the action to the circuit court. As was the
case in Darby, because the circuit court lacked jurisdiction over Smith's
unlawful-detainer action, the circuit court's judgment in the action is void
and will not support this appeal. Darby, 8 So. 3d at 1014. Accordingly,
we dismiss Hood's appeal, albeit with instructions to the circuit court to
vacate its void judgment and to transfer the unlawful-detainer action
back to the district court.4 See Rimpsey Agency, Inc. v. Johnston, 218 So.
3d 1242, 1245-46 (Ala. Civ. App. 2016).
3Hood's "statement of the facts" section in his brief on appeal
suggests that he appealed an adjudication of the district court. However,
the record contains no such adjudication. Instead, the record clearly
indicates that the district court purported to transfer the case to the
circuit court pursuant to Ala. Code 1975, § 12-11-9.
4We note that Smith sought $53,000 in her application and affidavit
for the entry of a default judgment, which exceeds the district court's
$20,000 jurisdictional limit. See Ala. Code 1975, § 12-12-30. Upon return
to the district court, Smith must either waive the excess damages that is
seeking from Hood or initiate a separate action in the circuit court for the
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APPEAL DISMISSED WITH INSTRUCTIONS.
Moore, P.J., and Hanson, Fridy, and Bowden, JJ., concur.
portion of her monetary claim exceeding the jurisdictional limits of the
district court. Nest Two Ventures, LLC v. Capps, 295 So. 3d 1066, 1072
n.2 (Ala. Civ. App. 2019).
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