Appellate Law

Alabama Civil Appellate Cases Released April 1, 2011

Posted on April 01, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on April 1, 2011.   From the Alabama Supreme Court: Ex parte Littrell; Petition for Writ of Mandamus (In re: Littrell v. Thrasher and RLI Insurance Company) Complete List of Cases from the Alabama Supreme Court   From the Alabama Court of Civil Appeals: Rose v...

Juvenile Court Lacked Jurisdiction to End Parental Rights and Order Adoption

Posted on March 31, 2011
The juvenile court terminated a mother's parental rights, and ordered that her minor child be adopted by another couple. The court lacked subject-matter jurisdiction to do either thing. The Court of Civil Appeals dismissed the mother's appeal regarding her parental rights; and it ordered the juvenile court to vacate both orders...

"Sparse" Workers' Compensation Order Prevents Mandamus Review

Posted on March 31, 2011
The trial court decided that a nursing-home employee was entitled to workers' compensation benefits. The court's order 'did not contain detailed findings of fact and conclusions of law,' as required by Ala. Code § 25-5-88. This 'sparse' order prevented appellate review...

Late Administrative Appeal Dismissed --- ARAP 4(a) Could Not Save Appeal

Posted on March 31, 2011
A physician missed administrative and judicial deadlines for appealing a decision of the Alabama State Board of Medical Examiners. On its own motion, the Court of Civil Appeals dismissed his appeal. Brunson v. Ala. State Bd. of Med. Examiners, No...

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

Alabama Civil Appellate Cases Released March 25, 2011

Posted on March 25, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 25, 2011. From the Alabama Supreme Court: Ex parte L & D Transportation and Berry; Petition for Writ of Mandamus (In re: Jones v. L & D Transportation and Berry) Bernals, Inc...

Alabama Civil Appellate Cases Released March 16, 2011

Posted on March 21, 2011
Following are the cases released by the Alabama Supreme Court on March 16, 2011. Jefferson County v. Weissman Complete List of Cases from the Alabama Supreme Court

Alabama Civil Appellate Cases Released March 18, 2011

Posted on March 21, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 18, 2011. From the Alabama Supreme Court: Folds v. Hilton Cooper Contracting, Inc. Ex parte State of Alabama; Petition for Writ of Certiorari (In re: Williams v...

Alabama Civil Appellate Cases Released March 11, 2011

Posted on March 11, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 11, 2011. From the Alabama Supreme Court: Norfolk Southern Railway Company v. Johnson O'Rear v. B. H. Jim Parker Building Company, Inc. v. G&S Glass & Supply Company, Inc...

Alabama Civil Appellate Cases Released March 4, 2011

Posted on March 04, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 4, 2011. From the Alabama Supreme Court: Simmons v. Ball Thomas v. Earnest and Hutto Ex parte Nawas International Travel Service and Khoury; Petition for Writ of Mandamus (In re: Kelley v...

Alabama Civil Appellate Cases Released February 25, 2011

Posted on February 25, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on February 25, 2011. From the Alabama Supreme Court: DuBose v. Weaver Smith v. Cowart Ex parte Northwest Alabama Mental Health Center and Newman; Petition for Writ of Mandamus (In re: Yaw v...

Alabama Civil Appellate Cases Released February 18, 2011

Posted on February 18, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on February 18, 2011. From the Alabama Supreme Court: Complete List of Cases from the Alabama Supreme Court From the Alabama Court of Civil Appeals: Worrell v. Shell L...

Alabama Civil Appellate Cases Released February 11, 2011

Posted on February 11, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on February 11, 2011. From the Alabama Supreme Court: Ford Motor Company v. Duckett Water Works Board of Bear Creek v. Town of Bear Creek Complete List of Cases from the Alabama Supreme Court From the Alabama Court of Civil Appeals: Rogers v...

Alabama Civil Appellate Cases Released on February 4, 2011

Posted on February 04, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on February 4, 2011. From the Alabama Supreme Court: Ex parte Bessemer Board of Education; Petition for Writ of Mandamus (In re: Bessemer Board of Education v. Minor) Complete List of Cases from the Alabama Supreme Court From the Alabama Court of Civil Appeals: Schweiger v...

Alabama Civil Appellate Cases Released January 28, 2011

Posted on January 28, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on January 28, 2011. From the Alabama Supreme Court: Scrushy v. Tucker and Cook, for and on behalf of HealthSouth Corporation Complete List of Cases from the Alabama Supreme Court From the Alabama Court of Civil Appeals: Morgungenko v...

Appellate Review Foreclosed by Internal Inconsistencies in Judgment

Posted on January 21, 2011
""Effective appellate review is not possible where there is 'some inconsistency' in the trial court's judgment."  The Alabama Supreme Court could not effectively review the judgment in Rothfeder v. Kaufman Gilpin McKenzie Thomas Weiss, P...

Alabama Civil Appellate Cases Released January 21, 2011

Posted on January 21, 2011
Following are the cases released by the Alabama Court of Civil Appeals on January 21, 2011. From the Alabama Court of Civil Appeals: P. D. v. S. S. Ex parte Cowabunga, Inc.; Petition for Writ of Mandamus (In re: Cowabunga Inc., d/b/a Domino's Pizza v...

Lack of Subject Matter Jurisdiction May Be Raised for First Time On Appeal

Posted on January 20, 2011
On January 14, 2011, the Alabama Supreme Court vacated a $3.2 million wrongful death medical malpractice jury award and dismissed the appeal from the award because the Court found that the defendant had State immunity.  Consequently, both the trial court and the Alabama Supreme Court lacked subject matter jurisdiction over the case...

Alabama Civil Appellate Cases Released January 14, 2011

Posted on January 14, 2011
Following are the cases released by the Alabama Court of Civil Appeals on January 14, 2011. K.C. v. R.L.P. Wicks v. Wicks Y.N. v. Jefferson County Department of Human Resources Wells v. Wells McCaughn v. Alabama State Board for Registration of Architects and National Council of Architectural Registration Complete List of Cases from the Alabama Court of Civil Appeals

Justice Lyons retires from Alabama Supreme Court; Jim Main appointed as replacement

Posted on January 14, 2011
Justice Champ Lyons retired from the Alabama Supreme Court today.  Jim Main, who has served on the Court of Criminal Apepals since May 2009, was appointed by Gov. Riley to finish out the remaining two years of Justice Lyons's term. Click the link for a short article from al...

Alabama Civil Appellate Cases Released January 7, 2011

Posted on January 07, 2011
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on January 7, 2011. From the Alabama Supreme Court: Ex parte Tucker; Petition for Writ of Mandamus (In re: Tucker v. Scrushy) Certain Underwriters at Lloyd's, London v...

Alabama Civil Appellate Cases Released December 30, 2010

Posted on December 30, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on December 30, 2010. From the Alabama Supreme Court: Redtop Market, Inc. v. State of Alabama ex rel. Arthur Green, District Attorney for the Bessemer Division Ex parte Rogers; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Rogers v...

Alabama Civil Appellate Cases Released December 22, 2010

Posted on December 27, 2010
Following are the cases released by the Alabama Supreme Court on December 22, 2010. From the Alabama Supreme Court: Ex parte State of Alabama; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: State of Alabama v. Roffler) Complete List of Cases from the Alabama Supreme Court

Alabama Civil Appellate Cases Released December 17, 2010

Posted on December 17, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on December 17, 2010. From the Alabama Supreme Court: Beiersdoerfer v. Hilb, Rogal & Hamilton Company et al. Ex parte Dragomir; Petition for Writ of Mandamus (In re: Pike v...

Alabama Civil Appellate Cases Released December 10, 2010

Posted on December 10, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on December 10, 2010. From the Alabama Supreme Court: Ex parte Dunigan; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Dunigan v. Bruning) Kiker v...

Alabama Civil Appellate Cases Released December 3, 2010

Posted on December 08, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on December 3, 2010. From the Alabama Supreme Court: Ex parte W. E.; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: J.L. v. W.E.) Steele v...

Order Granting or Denying Motion to Compel Arbitration Appealable As a Final Judgment; Rule 54(b) Certifications Reviewed for Abuse of Discretion

Posted on November 30, 2010
Lightning Fair, Inc. v. Rosenberg makes clear that an order granting or denying a motion to compel arbitration is appealed in the same way as any other final order.  In addition, it states the standard by which the Alabama Supreme Court reviews a trial court's Rule 54(b) certification...

Alabama Standards of Review of Evidentiary Rulings at Trial; General Objection as "Irrelevant" Generally Does Not Preserve Objection for Appellate Review

Posted on November 29, 2010
In Ross v. Rosen-Rager, the Alabama Supreme Court provided guidance as to the standards by which it reviews evidentiary rulings at trial, as well as the substance of the objection that must be made at trial to preserve appellate review. In general, a trial court's ruling on the admission or exclusion of evidence will be reversed only if it is shown that the trial court exceeded its discretion in its ruling...

Alabama Civil Appellate Cases Released November 24, 2010

Posted on November 24, 2010
Following are the cases released by the Alabama Supreme Court on November 24, 2010. Ross v. Rosen-Rager Lighting Fair, Inc., et al. v. Rosenberg, et al. Baldwin Mutual Insurance Company, Inc. v. Edwards Alabama Insurance Guaranty Association v. Association of General Contractors Self-Insurer's Fund Ex parte Collins; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Collins v...

Alabama Civil Appellate Cases Released November 19, 2010

Posted on November 19, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on November 19, 2010. From the Alabama Supreme Court: Priest v. Ernest W. Ball & Associates, Inc., et al. Natures Way Marine, LLC v. Dunhill Entities, LP, et al...

Alabama Civil Appellate Cases Released November 12, 2010

Posted on November 12, 2010
Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on November 12, 2010.   From the Alabama Supreme Court: Ex parte Burkhardt; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: W.G. Yates & Sons, Inc...

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