Appellate Law

Home buyer not entitled to restitution from unlicensed builder; non-compliance with briefing rules does not necessarily defeat appeal

Posted on May 28, 2008
In Fausnight v. Perkins, Ms. 1060171 (Ala. May 23, 2008), in a question of first impression, the Alabama Supreme Court held that a home buyer is not entitled to restitution of funds already paid to an unlicensed home builder solely on the basis that the builder was not licensed...

Supreme Court clarifies standard of review for appeal of injunction order

Posted on May 28, 2008
In Holiday Isle, Inc. v. Adkins, Ms. 1070252 (Ala. May 23, 2008) , in an 8-1 decision, the Alabama Supreme Court clarified that, when facts are undisputed and it is a question of law, legal conclusions in injunction orders are reviewed under a de novo standard, and not whether the trial court exceeded its discretion...

Supreme Court affirms judgment for Hoover and Vestavia

Posted on May 28, 2008
The Alabama Supreme Court recently heard oral arguments in Birmingham on a case brought by several businesses against the City of Hoover and the City of Vestavia for claims arising from the flooding of Patton Creek.  In Royal Automotive, Inc. v. City of Vestavia and City of Hoover, Ms...

Cases Released on May 23, 2008

Posted on May 27, 2008
From the Alabama Court of Civil Appeals:Kovakas v. KovakasRamsey v. RamseyS.A.N. v. S.A.N.Burgett v. BurgettR.S. v. R.G. and M.G.Owen v. Hopper, et al.A.K. v. N.B.Leftwich v. VansandtEx Parte Montgomery County Department of Human Resources and Alabama Department of Human Resources, Petition for Writ of Mandamus, (In re: The matter of D...

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Lesser Known Standards of Review

Posted on May 21, 2008
The Court used two lesser known standards of review in the opinions that it issued last week.  In Ex parte Johnson, No. 1061762 (Ala. May 16, 2008), the Court discussed the standard of review applicable to a petition for a writ of prohibition...

Cases Released May 16, 2008

Posted on May 19, 2008
From the Alabama Court of Civil Appeals:E.A. v. Calhoun County Department of Human ResourcesCalhoun v. BracknellM.A.J. v. S.F. From the Supreme Court of Alabama:Ex parte Johnson, et al., In re: Champion Home Builders Company, et al. v. JohnsonEdwards v...

Appeals From Non-Final and Void Judgments Lead to Triple Dismissal -- Appeals From Even Non-Final Judgments Divest Trial Court of Jurisdiction

Posted on May 13, 2008
One appellant saw three appeals dismissed in a single decision from the Court of Civil Appeals. Busby v. Lewis, Nos. 2060998, 2060999, 2070151 (Ala. Civ. App. May 9, 2008). Two appeals were from nonfinal judgments that had left claims pending against other parties; while a third was from a void judgment entered after the first appeals were lodged — and thus after the trial court had lost jurisdiction of the case...

Judgment Which Did Not Address Issue Joined by Parties Was Not Final

Posted on May 13, 2008
A circuit court’s judgment was not final, and would not support an appeal, where the judgment did not address the husband’s request to end his obligation to maintain life insurance for his ex-wife’s benefit. Hennaing v. Hennaing, No...

Circuit Court Could Not Reconsider Denied Post-Judgment Motions; Appeal From Later Order Was Untimely

Posted on May 13, 2008
The circuit court lost jurisdiction once it denied an employer’s post-judgment motions under Rules 59 and 60. That denial triggered the 42 days in which the employer had to appeal. The circuit court had no power to reopen, reconsider, and again rule on the employer’s motions...

Cases Released May 9, 2008

Posted on May 12, 2008
From the Alabama Court of Civil Appeals:Ex parte Medical Licensure Commission of Alabama, In re: Morrison v. GurleyEx parte Plumbline Construction, In re: Quattlebaum v. Plumbline ConstructionA.R. v. State Department of Human ResourcesPepper v. BentleyR...

Rule 59.1 Renders Appeal from Probate Court Untimely

Posted on May 06, 2008
In Morrison v. Phillips, released May 2, 2008, the Alabama Court of Civil Appeals dismissed an appeal from a probate court judgment as untimely filed by operation of Rule 59.1.  In Morrison, the probate court entered a judgment of final settlement of the estate on January 11, 2007...

Motion to Reconsider the Denial of a Post-Judgment Motion a Nullity; Ruling Thereon Will Not Support an Appeal

Posted on May 06, 2008
In N.F.N. and L.C.N. v. J.M.M.J, released on May 2, 2008, the Alabama Court of Civil Appeals dismissed an appeal from a judgment awarding custody because the order appealed from purported to rule on a motion to reconsider the denial of a postjudgment motion...

Cases Released May 2, 2008

Posted on May 04, 2008
From the Supreme Court of Alabama:Ex parte Abrams, In re: Abrams v. State of AlabamaBoard of Trustees of the University of Alabama, for its division, University of Alabama Hospital, and Gadsden Regional Medical Center v. American Resources Insurance Company et al...

Alabama Supreme Court clarifies scope of post-judgment discovery in connection with review of punitive damages

Posted on April 29, 2008
In Ex parte Vulcan Materials, [Ms. 1051184] (Ala. April 25, 2008) , the Alabama Supreme Court clarified the allowable scope of post judgment discovery in connection with a review of punitive damages, including the scope of discovery regarding a defendant's financial position...

"Alabama Supreme Court releases data: Fewer cases, decisions take longer"

Posted on April 28, 2008
The Birmingham News has an interesting article about recent statistics on the caseload at the Alabama Supreme Court.  Click the link for the article entitled  "Alabama Supreme Court releases data: Fewer cases, decisions take longer."

Mandamus Proper to Review Fictitious Party Issue

Posted on April 25, 2008
In Ex parte Nationwide Ins. Co., No. 1061708 (Ala. April 18, 2008), the Alabama Supreme Court confirmed that, “an appeal is not an adequate remedy to review the defense, ‘[i]n a narrow class of cases involving fictitious parties and the relation-back doctrine’ that a claim is barred by the statute of limitations...

Law of the Case Doctrine Not Obligatory

Posted on April 25, 2008
In deciding whether to apply the law of the case doctrine in a case that has been appealed multiple times, the appellate court should consider the purpose of the rule and the circumstances surrounding the initial appellate decision in the case. Swafford v...

Use Common Law Certiorari for Review of Personnel Board Decision

Posted on April 25, 2008
“’The proper method of reviewing circuit court decisions involving appeals from the Jefferson County Personnel Board is by common-law petition for writ of certiorari.’ Ex parte Personnel Board of Jefferson County, 513 1029, 1031 (Ala...

Cases Related on April 25, 2008

Posted on April 25, 2008
From the Alabama Court of Civil Appeals:2061121 - Walton v. Beverly Enterprises-Alabama, Inc., d/b/a Beverly-Meadowood Health & Rehabilitation, and Caroyln DisherFrom the Alabama Supreme Court:1070606 - Ex Parte Margaret Dabbs, Petition for Writ of Certiorari to the Court of Civil Appeals, (In re: Margaret Dabbs v...

Cases Released on April 25, 2008

Posted on April 25, 2008
From the Alabama Court of Civil Appeals:2061121 - Walton v. Beverly Enterprises-Alabama, Inc., d/b/a Beverly-Meadowood Health & Rehabilitation, and Caroyln DisherFrom the Alabama Supreme Court:1070606 - Ex Parte Margaret Dabbs, Petition for Writ of Certiorari to the Court of Civil Appeals, (In re: Margaret Dabbs v...

Presumption of Correctness for Mixed Questions of Law and Fact

Posted on April 24, 2008
In Roberts v. Uni. of Alabama Hospital, No. 2070256 (Ala. Civ. App. April 18, 2008), a hospital lien action, the Alabama Court of Civil Appeals held that, “[a]ppellate courts properly apply a presumption of correctness to factual determinations of trial courts, even in the context of mixed questions of law and fact...

Petition for Writ of Mandamus Moot

Posted on April 21, 2008
The concept of mootness applies to a writ of mandamus. “A case is moot when there is no real controversy and it seeks to determine an abstract question which does not rest on existing facts or rights. . . . This same principle holds with respect to petitions for writ of mandamus...

Cases Released April 18, 2008

Posted on April 18, 2008
From the Supreme Court of Alabama:Ex parte Novartis Pharmaceuticals Corporation, In re: Alabama Medicaid Pharmaceutical Average Wholesale Price LitigationWhite Sands Group, L.L.C., Valentine, and Rolison v. PRS II, LLC, et al.Chris Myers Pontiac-GMC, Inc...

"Students Watch the Alabama Supreme Court in Action"

Posted on April 17, 2008
The Alabama Supreme Court and the Alabama Court of Civil Appeals heard oral arguments today at Samford University in Birmingham.  Here is a link to an article about the arguments entitled "Students Watch the Alabama Supreme Court in Action" from myfoxal...

Argument Challenging Post-Minority Support Calculation Could Not Be Raised for First Time on Appeal

Posted on April 16, 2008
Where a husband challenged an award of post-minority support for the first time on appeal, his argument would not be entertained; the support judgment was therefore affirmed. Lollar v. Lollar, No. 2060863 (Ala. Civ. App. Apr. 11, 2008).The Court of Civil Appeals had a chance to practice its fundamentals in this straightforward divorce case...

Nunc Pro Tunc Order Could Not Revise Judgment to Cure Late Appeal

Posted on April 16, 2008
A circuit court could not revise a judgment nunc pro tunc, so that the dates would retroactively cure a husband’s late appeal. Smith v. Smith, No. 2061150 (Ala. Civ. App. Apr. 11, 2008).Much of this case finds the Court of Civil Appeals visiting familiar ground, tracing a small tangle of post-judgment dates through Rule 59...

Voluntary Dismissal "Effective Automatically," Leaves Nothing to Appeal

Posted on April 16, 2008
A voluntary dismissal left a would-be intervener with nothing to appeal from. Its motion to intervene was denied in action that was already “defunct”; and the appeal from that denial was consequently dismissed. Gallagher Basset Services, Inc...

Failure to Specify "Insufficient Evidence" in Trial Motions Removes This Ground for Reversal

Posted on April 15, 2008
The Alabama Supreme Court clarified “the precision with which” insufficiency of the evidence must be stated in motions for judgment as a matter of law, in order to preserve that argument as a basis for reversal. Ex parte Dekle, No. 1051659 (Ala...

Document Not in Appellate Record Could Not Underpin Error

Posted on April 15, 2008
The Court of Civil Appeals refused to find that a trial court had erred by supposedly failing to account for a document that was not included in the record on appeal. Beatty v. Beatty, No. 2060993 (Ala. Civ. App. Apr. 11, 2008). The trial court’s judgment, finding that a husband owed past-due alimony, was therefore affirmed...

Cases Released on April 11, 2008

Posted on April 14, 2008
From the Alabama Court of Civil Appeals:Lollar v. LollarRugsdale v. Hyatt, Williamson, & WilliamsonBeatty v. BeattyA.S.H. v. State Department of Human ResourcesSmith, Sr. v. SmithEx parte Lynn Adams - Petition for Writ of Mandamus - (In re: Fleet Force, Inc...

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