Dalton D. Banks v. Darla Lashay Persall; Dean Smith; Fuller, Willingham & Carter, LLC; Melvin Hasting; and Thomas…

Summary

The Supreme Court of Alabama affirmed the Cullman Circuit Court's dismissal of pro se litigant Dalton Banks's slander action on res judicata grounds, holding that Banks waived appellate review by failing to challenge the preclusion rationale in his opening brief. The Court also rejected his due-process challenge based on delay and the absence of a hearing, and his contention that the underlying district-court dismissal was void for failing to address his sanctions motion. Because Banks's Rule 60(b) motion remains pending in the circuit court, the appeals were dismissed in part for lack of appellate jurisdiction as to that request for postjudgment relief.