Appellate Law

Trial Court's Failure to Comply With Section 25-5-88 of the Alabama Code Results In Reversal and Remand

Posted on April 07, 2008
Massey Chevrolet, Inc. v. Aderhold, released on April 4 by the Court of Civil Appeals, indicates the consequences of the trial court's failure to comply with section 25-5-88 in a workers' compensation case.   In Aderhold, the parties entered into a settlement agreement regarding the plaintiff's worker's compensation calim...

Undue Delay in Filing an Amended Complaint Not An Exception to the Affirm for Any Reason Rule

Posted on April 07, 2008
In Nettles v. White, released by the Alabama Court of Civil Appeals on April 4, 2008, the court determined that an appellate court may affirm on the basis of undue delay in filing an amended complaint even though that ground was not raised in the trial court...

"Alabama Supreme Court to hear appeal of Patton Creek flooding dispute in session at Samford University"

Posted on April 07, 2008
The Alabama Supreme Court and the Court of Civil Appeals will hear oral arguments in a special session at the Leslie Wright Center at Samford University beginning at 9:00 a.m. on April 17, 2008.  For a review of the cases which will be argued, follow the link to the article "Alabama Supreme Court to hear appeal of Patton Creek flooding dispute in session at Samford University" from the Birmingham News.

Cases Released on April 4, 2008

Posted on April 04, 2008
"From the Alabama Court of Civil Appeals:"Russel v. WilsonKnight v. KnightNettles v. WhiteJackson v. State of AlabamaMassey Chevrolet, Inc. v. AderholdPine Grove Baptist Churhc, Inc., et al. v. Mitchell Carter, et al."From the Alabama Supreme Court:"Gilbert v...

To access this complete feed in the blog feed reader login or register for free.

Standard of Review in Boundary-Line Dispute Between Coterminous Landowners

Posted on April 01, 2008
Jacks v. Taylor, released by the Alabama Court of Civil Appeals on March 28, 2008 provides a statement of the standard of review in a boundary-line dispute between coterminous landowers. A trial court's findings in a boundary-line dispute are afforded deferential review:Our standard of review in a boundary-line case is extremely deferential...

Absence of Rule 59 Motion Precludes Trial Court From Amending Judgment

Posted on April 01, 2008
In Pierce v. American General Finance, Inc., released by the Alabama Supreme Court on March 28, the court examined the trial court's ability to amend a previous judgment in the absence of a Rule 59 motion, holding that it was without jurisdiction to do so...

Cases Released March 28, 2008

Posted on March 28, 2008
From the Alabama Court of Civil Appeals:J.W. v. N.K.M.J.W.J., Jr. v. P.K.R. and P.H.R.E.S.R., Jr. v. Madison County Department of Human ResourcesBrooks v. BrooksJacks v. Taylor From the Supreme Court of Alabama:Ex parte Flowers, individually and d/b/a Roshell's Cafe and Deli, In re: Sanders v...

"House passes bill to require minimum qualifications for judges"

Posted on March 28, 2008
The Alabama House of Representatives passed a bill that would require appellate judges to have 10 years of experience practicing law before they can serve on an Alabama appellate court.  Click the link for an article on this bill titled "House passes bill to require minimum qualifications for judges" from the AP, via al...

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

Posted on March 25, 2008
On April 17, 2008, the Alabama Supreme Court and the Court of Civil Appeals will hear oral arguments in Birmingham, Alabama.  The arguments will be held from 9:00 a.m. to 12:00 noon at the Wright Center at Samford University, 800 Lakeshore Drive, Birmingham, Alabama 35229...

United States Supreme Court Hears Alabama Voting Rights Case

Posted on March 25, 2008
The United States Supreme Court heard oral argument on a case arising out of Alabama involving voting rights.  The dispute centers around the authority of the Governor to appoint someone to a vacant seat on a County Commission rather than have a special election...

Alabama Supreme Court can only review grounds accepted on certiorari

Posted on March 25, 2008
The Alabama Supreme Court quashed a writ of certiorari in Ex parte State of Alabama Dept. of Revenue, [Ms. 1061766] (Ala. March 21, 2008) because it could not reach the issue presented.  On certiorari, the State of Alabama Department of Revenue filed a petition for writ of certiorari asking the Supreme Court to reverse a prior case involving the same parties...

Failure to dispose of counterclaims defeats finality of judgment

Posted on March 25, 2008
In Posey v. Mollohan, [Ms. 2060500] (Ala. Civ. App. March 21, 2008), the Court of Civil Appeals dismissed an appeal of a judgment for lack of jurisdiction due to the presence of pending counterclaims and defenses which sought affirmative relief. The parties to this case had a bench trial regarding the possession of two Tennessee Walking Horses...

Amended complaint filed pursuant to Ala. R. Civ. P. 78 defeats finality of judgment

Posted on March 25, 2008
In Parris v. Prison Health Services, Inc., [Ms. 2061100] (Ala. Civ. App. March 21, 2008), the Court of Civil Appeals dismissed an appeal for lack of jurisdiction because of the presence of an amended complaint filed pursuant to Ala. R. Civ. P. 78.In Parris, the trial court granted the defendant's motion to dismiss the plaintiff's complaint for failure to state a claim without a hearing...

Untimely notice of appeal requires dismissal of appeal

Posted on March 25, 2008
The rule that an untimely appeal must be dismissed required the dismissal of the appeal of a paternity action in J.B.C. v. P.H.R, [Ms. 2061131] (March 21, 2008).  In an action to determine paternity, an appeal mustbe filed within 14 days of the order in issue; however, in this case, the putative father filed his appeal 21 days after the order...

Cases Related on March 21, 2008

Posted on March 24, 2008
From the Alabama Court of Civil Appeals:Posey v. MollohanFuller v. FullerA.D.B.H. v. Houston County Department of Human ResourcesHubbard v. BentleyBrowning v. PalmerTonini and State Insurance Company v. CampagnaBrunner v. OrmsbyCalera Animal Hospital v...

Cases Released on March 21, 2008

Posted on March 24, 2008
From the Alabama Court of Civil Appeals:Posey v. MollohanFuller v. FullerA.D.B.H. v. Houston County Department of Human ResourcesHubbard v. BentleyBrowning v. PalmerTonini and State Insurance Company v. CampagnaBrunner v. OrmsbyCalera Animal Hospital v...

Challenge of Arbitration Award Too Late

Posted on March 18, 2008
The Alabama Supreme Court reversed an order vacating an arbitration award because the argument that the defendant offered in support of his motion to vacate came too late. To avoid the arbitration award, the defendant submitted that he should not have been compelled to arbitrate because he was not a party to the arbitration agreement...

Crutcher Opinion Reviews Plethora of Procedural Rules

Posted on March 16, 2008
In Crutcher v. Williams, No. 1050893 (Ala. March 14, 2008), the Alabama Supreme Court remanded a case because the judgment from which the appeal was taken was not final. The Court asked the trial court, within fourteen days, either to certify the primary judgment as final under Rule 54(b) or to enter a judgment on the cross-claim in the case...

Judge Sam C. Pointer, Jr. Passes Away

Posted on March 15, 2008
We are very saddened by the passing of Judge Sam C. Pointer, Jr.  Judge Pointer passed away the morning of March 15, 2008 at the age of 73.Judge Pointer served as a United States District Court Judge for the Nothern District of Alabama for 30 years and rightfully earned the reputation as one of the nation's top jurists...

Cases Released March 14, 2008

Posted on March 14, 2008
From the Alabama Court of Civil Appeals:BFI Waste Services, LLC v. PullumWalker v. WalkerLattimore v. LattimoreStokes v. Cottrell, et al.Cowart v. State of AlabamaTaylor v. TaylorSpringer v. DamrichEdwards v. EdwardsPitts v. PriestFrancis Powell Enterprises, Inc...

"Law of the Case" Did Not Bar Summary Judgment Where First Appellate Opinion Was "Contingent" on Unresolved Issues

Posted on March 12, 2008
On a previous appeal of the same case, the Alabama Supreme Court reversed a summary judgment against a lessor’s fraud claim. That decision was not the “law of the case,” however, because it was premised on an issue the earlier decision did not reach — the merits of a logically prior contract claim...

Mandamus Petition Timed from Ruling on Motion for Protective Order

Posted on March 11, 2008
A mandamus petition’s timeliness is measured from the date the trial court rules on a motion for a protective order — not from the date of its earlier order compelling production of the same material. Ex parte Nationwide Ins. Co., No...

"Supreme Court questions lawyers"

Posted on March 10, 2008
The Alabama Supreme Court heard oral arguments in a case alleging bad faith in the handling of an insurance claim arising out of Hurricane Opal.  To read about the oral argument, click on the article entitled "Supreme Court questions lawyers...

"Houston to receive service award"

Posted on March 10, 2008
Former Alabama Supreme Court Justice J. Gorman Houston, Jr.  will receive the Brewer-Torbert Public Service Award this week.  Following are some articles on Justice Houston and the award:"Houston to receive service award" from the Montgomery Advertiser...

Cases Released March 7, 2008

Posted on March 07, 2008
From the Alabama Court of Civil Appeals:Hicks v. Jackson County CommissionS.K. v. Madison County Department of Human ResourcesCapaci d/b/a Capaci Real Estate v. Folmar Kenner, LLCD.C.S. v. L.S.Millry Mill Company v. ManuelFrom the Supreme Court of Alabama:R...

Mandamus Review of Rulings on Subject Matter Jurisdiction: Facial and Factual Challenges

Posted on March 03, 2008
Ex parte Safeway Ins. Co. of Alabama, Inc., No. 1061613 provides an interesting discussion regarding mandamus review of a trial court's ruling on a motion to dismiss based on subject matter jurisdiction.     In this case, Galvin sued Safeway, her uninsured-motorist ("UM") carrier, for bad faith failure to pay an insurance claim stemming from a car accident in which she and an uninsured motorist were involved...

Alabama Supreme Court Reverses $4 Million Wrongful Death Verdict Based on Learned Intermediary Doctrine

Posted on March 03, 2008
In Springhill Hospitals, Inc. v. Larrimore, No. 1051748, the Alabama Supreme Court reversed a $4 million wrongful death verdict based on the learned intermediary doctrine.  Click here to review the opinion and here for a news article discussing it...

Cases Released on February 29, 2008

Posted on February 29, 2008
From the Alabama Court of Civil Appeals:McGowin v. McGowinBarrett v. McPhersonDobyne v. State of AlabamaGoodyear Tire & Rubber Company v. Muilenburg From the Alabama Supreme Court:Springhill Hospitals, Inc., d/b/a Springhill Memorial Hospital v...

Appellate Courts Can Take Judicial Notice of Record in Previous Consideration of Litigation

Posted on February 26, 2008
In Goetsch v. Goetsch, [Ms. 2060714] (Ala. Civ. App. Feb. 22, 2008), the Court of Civil Appeals noted the general rule regarding an appellate court's ability to take judical notice of prior appellate proceedings:  "This Court takes judicial notice or has judicial knowledge of contents of it [sic] records with reference to its previous consideration of litigation presently before it...

A Post-Judgment Motion Which Has Become Moot Is Not Deemed Denied by Rule 59.1; Alternative Grounds for a Rule 59 Motion Are Not Waived if Not Asserted on Appeal

Posted on February 26, 2008
On February 22, 2008, the Supreme Court denied rehearing but issued a modified opinion in the case Hilb, Rogal & Hamilton Co. v. Werner Beiersdoerfer, [Ms. 1060522] (Ala. Feb. 22, 2008) , originally released on December 14, 2007.  The Supreme Court reaffirmed its holding that post-judgment motions which have become mooted are not subject to denial by operation of Rule 59...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.