This was a complex case involving Kevin and Maria Rosa Forbes against orthodontist Dr. Glen L. Brawley. The couple accused Dr. Brawley of breaching a contract, misrepresentation, and fraudulently inducing Maria Rosa’s braces treatment plan. The court dismissed their lawsuit, prompting the Forbes’ appeal.
The Forbes argued that they had an agreement with Dr. Brawley to pay $5,150 for Maria Rosa's braces, which would remain on until May 2016. However, they alleged Dr. Brawley "abruptly" removed the braces six months early after being paid $4,450, despite a separate payment arrangement. Moreover, they claimed Dr. Brawley failed to disclose a disability from a previous injury that affected his professionalism.
Dr. Brawley motioned to dismiss the charges, stating that the breach-of-contract claim was barred under the Alabama Medical Liability Act, among other legal reasons. He also argued that the claim of fraudulent inducement did not relate back to the original complaint and was therefore time-barred.
The trial court dismissed Kevin's complaint and all subsequent amended complaints. The court ruled in favor of Dr. Brawley without explaining its reasons. The Forbeses filed an appeal, addressing only some, not all, of Brawley's arguments for dismissal.
The Court of Civil Appeals voiced that the Forbeses’ failure to address all grounds of their defense constituted a waiver of those issues. Thus, using the standard established by Fogerty v. Southworth, the appeals court upheld the judgment and affirmed the dismissal.
Appointment of Personal Representative Does Relate Back to the Filing of the Original Complaint
Appeal Dismissed as Untimely
Amended Complaint Did not Relate Back to Complaint and was Time Barred
Plaintiff's Claim Allowed to Proceed Despite Failure to Disclose in Bankruptcy Proceedings