Appellate Law

Alabama Civil Appellate Cases Released November 5, 2010

Posted on November 06, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on November 5, 2010. From the Alabama Supreme Court: No cases were released by the Alabama Supreme Court   From the Alabama Court of Civil Appeals: Stewart v...

Alabama Civil Appellate Cases Released October 29, 2010

Posted on November 02, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 29, 2010. From the Alabama Supreme Court: Ex parte Wood; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Black Creek, Inc. v...

Court Reviews Scope of Law of the Case Doctrine

Posted on October 30, 2010
In its second opinion in the Poole v. Prince litigation, the Alabama Supreme Court reviewed the law of the case doctrine to determine whether its first opinion in this matter was dispositive of the issue before it in the second appeal.  The Court concluded that because the facts on which its first summary judgment opinion was based were different from the facts relevant to the second summary judgment appeal, the law of the case doctrine did not apply...

Alabama Civil Appellate Cases Released October 22, 2010

Posted on October 22, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 22, 2010. From the Alabama Supreme Court: Dale v. Kolb Poole v. Prince et al. Hill et al. v. Galliher et al. Heatherwood Holdings, LLC v. First Commercial Bank Ex parte Smith; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Smith v...

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Alabama Civil Appellate Cases Released October 15, 2010

Posted on October 18, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 15, 2010.   From the Alabama Supreme Court: Ex parte Lowengart; Petition for Writ of Mandamus (In re: Lowengart v. Lowengart) State of Alabama ex rel...

Alabama Civil Appellate Cases Released October 8, 2010

Posted on October 11, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 8, 2010. From the Alabama Surpeme Court: Cooner v. Alabama State Bar Public Building Authority of the City of Huntsville v. St. Paul Fire and Marine Insurance Company Complete list of cases from the Alabama Supreme Court   From the Alabama Court of Civil Appeals: Clark v...

Alabama Appellate Watch Contributors Win Surety Bond Appeal in the Alabama Supreme Court

Posted on October 11, 2010
Lightfoot attorneys (and alabamaappellatewatch.com's contributors) Chris King and Nikaa Jordan, along with Carter B. Reid at Watt, Tieder, Hoffar & Fitzgerald, LLP in Washington, DC, represented St. Paul Fire and Marine Insurance Company in an appeal from a summary judgment entered in St...

Alabama Supreme Court Refuses to Consider Argument of Untimeliness of Answer. Although Appellant Argued in the Trial Court that the Appellee's Answer Was Untimely Filed, It Argued So For a Different Reason

Posted on October 11, 2010
In Maloof v. John Hancock Life Ins. Co., No. 1090864, the Alabama Suprme Court reiterated the long-standing rule that it will not review an argument not presented to the trial court. In Maloof, the appellant argued that the trial court's summary judgment was improper because it was based on affirmative defenses that were raised in the appelle's untimely answer...

Alabama Supreme Court and Court of Civil Appeals to hear oral argument in Birmingham

Posted on October 11, 2010
The Alabama Supreme Court and Court of Civil Appeals are bringing their "road show" to Birmingham.  Both Courts will hear oral arguments in Birmingham, Alabama on Thursday, October 21,  2010 at the Wright Center on the campus of Samford University...

Alabama Supreme Court Releases 2009-2010 Statistics

Posted on October 06, 2010
The Alabama Supreme Court released its statistics for the fiscal year ending September 30, 2010.  The statistics cover the number of cases handled, the length of time cases remain pending, and some other interesting information.  Click the link to view the report.

Alabama Civil Appellate Cases Released October 1, 2010

Posted on October 04, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 1, 2010. From the Alabama Supreme Court: Maloof v. John Hancock Life Insurance Company Ex parte Par Pharmaceutical, Inc.; Petition for Writ of Mandamus (In re: State of Alabama v...

Changes To Alabama Appellate Rules Go Into Effect October 1, 2010

Posted on September 24, 2010
Some important changes to the Alabama Rules of Appellate Procedure go into effect on October 1, 2010.  Some of the changes include: 1.  Appellants no longer have to send a second copy of the record to the appellate court, rescinding Ala. R. App...

Alabama Civil Cases Released September 24, 2010

Posted on September 24, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on September 24, 2010. From the Alabama Supreme Court: Jones Express, Inc. v. Jackson Ex parte Shanklin; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Shanklin v...

Alabama Civil Cases Released September 17, 2010

Posted on September 18, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on September 17, 2010. From the Alabama Supreme Court: I.C.E. Contractors, Inc. v. Martin & Cobey Construction Company, Inc. Soutullo v. Mobile County Gulf Beach Hotel, Inc...

Eleventh Circuit Appellate Practice Institute in Atlanta, October 14-15, 2010

Posted on September 13, 2010
Please consider attending the third Eleventh Circuit Appellate Practice Institute ("ECAPI"), to be held at the Georgia Bar Center in Atlanta on October 14-15, 2010.  Many of the Eleventh Circuit judges, as well as several prominent appellate practitioners, will be speaking...

Alabama Civil Appellate Cases Released September 10, 2010

Posted on September 10, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on September 10, 2010. From the Alabama Court of Civil Appeals: Griffin v. Blackwell Canon Financial Services, Inc. v. National Voting Rights Museum & Institute, Inc...

Alabama Civil Appellate Cases Released September 3, 2010

Posted on September 03, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on September 3, 2010. From the Alabama Court of Civil Appeals: Cagle v. Hammond Mullins v. Sellers Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Vankineni v...

Alabama Civil Appellate Cases Released August 27, 2010

Posted on August 28, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on August 27, 2010. From the Alabama Court of Civil Appeals: Berry v. Deutsche Bank National Trust Company Willow Lake Residential Association, Inc., et al. v...

Alabama Civil Appellate Cases Released August 20, 2010

Posted on August 20, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on August 20, 2010. From the Alabama Court of Civil Appeals: Godwin v. Davis White v. HB&G Building Products, Inc. Pratt v. Pratt Aman v. Gilley Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Ex parte Luke; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Luke v...

E-Mail alerts from Alabama Appellate Watch now available!

Posted on August 20, 2010
I am happy to report that Alabama Appellate Watch will now be sending out e-mail alerts for our future posts.  To subscribe, all you need to do is look for "Subscribe" on the right side of your screen, then click on "More...

Alabama Appellate Watch Authors Published in DRI's In House Defense Quarterly

Posted on August 20, 2010
Alabama Appellate Watch authors Madeline Haikala and Ivan Cooper co-authored an article about federal diversity jurisdiction that appears in DRI's In House Defense Quarterly this month.  Please review it here before your next removal. 

Cases Released August 13, 2010

Posted on August 16, 2010
From the Alabama Court of Civil Appeals: A.D.S. v. S.J.L. Ex parte Mobile County Board of School Commissioners; Petition for Writ of Mandamus (In re: Mobile County Board of School Commissioners v. Long) Ex parte Cheshire; Petition for Writ of Mandamus (In re: Godbey v...

Looking for a New Jersey Appellate Law Blog?

Posted on August 13, 2010
If you're looking for a blog that discusses cases from the New Jersey Supreme Court, New Jersey Appellate Division, and Third Circuit Court of Appeals (and who's not?), then look no further than porzioappeallaw.pbnlaw.com/.  There, our friend Brian P...

Misapprehension of the "Fewer Than All Claims Rule" Leads to Dismissal of Appeal

Posted on August 13, 2010
In Lloyd v. Cook, released last week, the Alabama Court of Civil Appeals dismissed the appeal as untimely filed and demonstrated--once again--the importance of the rule that an order adjudicating fewer than all the claims is not a final judgment...

Cases Released August 6, 2010

Posted on August 06, 2010
From the Alabama Court of Civil Appeals: Lloyd v. Cook d/b/a PJ's Floral & Crafts State of Alabama ex rel. Harris v. Weaver Parker v. Harville Harris v. Russell Petroleum Corporation King d/b/a King Home Services v. Riedl Shadescrest Health Care Center v...

Cases Released July 30, 2010

Posted on July 30, 2010
From the Alabama Court of Civil Appeals: Thomas v. Thomas Mike Brooks Car World, Inc. v. Sudduth N.T. v. P.G. McDaniel v. Helmerich & Payne International Drilling Company Scarborough v. Scarborough Suggs v. Suggs Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Tyson, individually and in his official capacity as special prosecutor for and counsel to the Governor's Task Force on Illegal Gambling v...

No Rule 54(b) Certification Where Adjudicated and Pending Claims Are "Intertwined"

Posted on July 30, 2010
 In two separate cases, the Court of Civil Appeals dismissed Rule 54(b) appeals from partial summary judgments. Certification under Rule 54(b) was improper in both cases because the appealed claims were too closely 'intertwined' with claims that remained pending...

Emailed and Oral Orders Not Properly "Rendered"-- Pending Contempt Motions Make Judgment Nonfinal

Posted on July 29, 2010
 A divorce case prompted the Court of Civil Appeals to discuss several points about how a judgment is properly 'rendered,' and when a judgment is final for purposes of supporting an appeal. Meek v. Meek, No. 2090026 (Ala. Civ. App. Jul. 16, 2010)...

Cases Released July 23, 2010

Posted on July 23, 2010
From the Alabama Court of Civil Appeals: Bowers v. Bell King v. Barnes I.S.T. v. R.W.B. Abernathy a/k/a Bush v. Green Tree Servicing, LLC Alabama Department of Human Resources ex rel. Yancey v. Yancey K.C. v. Jefferson County Department of Human Resources Lett v...

Cases Released July 16, 2010

Posted on July 16, 2010
From the Alabama Court of Civil Appeals: Green Tree - AL, LLC v. Brown Capone v. Capone Nichols v. Pate Marshall Auto Painting & Collision, Inc. v. Peach Auto Painting & Collision, Inc., et al. Meek v. Meek Lingefelt et al. v. International Paper et al...

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