Appellate Law

No Justiciable Controversy Supports Appeal Where Parties Agree

In Fenn v. Ozark City Schools Board of Education, No. 1070821 (Ala. Nov. 21, 2008), the Alabama Supreme Court vacated the underlying judgment and dismissed the appeal because the plaintiff and the defendant "had no real differences between themselves," so that there was no controversy for the Court to resolve.  To present a justiciable controversy, the plaintiff must have standing, and  his interests must conflict with or oppose the defendant's interests.  In the absence of an adversarial situtation, the Court has no role to play; it will not issue advisory opinions.  

Full post as published by Alabama Appellate Watch on December 04, 2008 (boomark / email).