Appellate Law

Cases Released January 23, 2009

Posted on January 26, 2009
List of Cases from the Alabama Court of Civil Appeals Ex parte Massey Chevrolet, Inc., Petition for Writ of Mandamus; In re: Aderhold v. Massey Chevrolet, Inc. LaConsay v. Langley Ex parte Jefferson County Sheriff's Department, Petition for Writ of Certiorari; In re: Jefferson County Sheriff's Department v...

Cases Released on January 16, 2009

Posted on January 21, 2009
From the Alabama Court of Civil Appeals: Rhodes v. Fulmer Betty G. Eldridge v. Rebecca Eldridge and Martin Eldridge, in their capacities as co-executors of the estate of Robert L. Eldridge J.A. v. Etowah County Department of Human Resources Jesse Earl Long, Jr...

Alabama Supreme Court Announces New Rule for Accrual of Breach of Repair Warranty Claim

Posted on January 21, 2009
In Brown v. General Motors, Case No. 1061660, the Alabama Supreme Court overruled Tittle v. Steel City Oldsmobile GMC Truck, Inc., 544 So.2d 883 (Ala. 1989) and held that a claim for breach of repair warranty accrues at the time a manufacturer breaches its contractual obligation to repair, not at the time of the tender of delivery of the good...

Alabama Supreme Court Reiterates That Motion for Protective Order is Prerequisite to Mandamus Review of Order Compelling Discovery

Posted on January 21, 2009
In Ex parte The Terminix International Company Limited Partnership, No. 1061247, the Alabama Supreme Court reaffirmed its long-standing requirement that a timely filed motion for a  protective order is a jurisdictional prerequisite to mandamus review of an order compelling discovery...

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Untimely Postjudgment Proceedings in the Probate Court Render Circuit Court Without Jurisdiction; Appeal Dismissed as From a Void Judgment

Posted on January 21, 2009
In Eldridge v. Eldridge, the Alabama Court of Civil Appeals dismissed an appeal in a case originating in the probate court as from a void judgment because postjudgment motions in the probate court were not timely filed.  In Eldridge, the probate court entered a final judgment on August 10, 2006...

Alabama Court of Civil Appeals Dismisses Appeal; Rule 60 Motion Does Not Toll Time for Filing a Notice of Appeal

Posted on January 21, 2009
On January 16, 2009, the Alabama Court of Civil Appeals dismissed Rhodes v. Fulmer, Case No. 2070664, as untimely filed.  The circuit court entered a judgment in this brother/sister will contest on October 3, 2007 which ordered the brother to pay his one third share of an amount to his sister, as well as to convey certain real estate contained in the estate...

Cases Released January 16, 2009

Posted on January 16, 2009
From the Alabama Court of Civil Appeals: Hamilton v. Hamilton Long v. City of Athens J.A. v. Etowah County Department of Human Resources Eldridge v. Eldridge Rhodes v. Fulmer

Petition For Writ of Mandamus Denied As Untimely

Posted on January 15, 2009
In Ex parte CJA [Ms. 2070994] (Ala. Civ. App. Jan. 9. 2009), the Court of Civil Appeals denied a petition for writ of mandamus because it was filed after the presumptively reasonable time to appeal, and did not state good cause for failing to file it within the reasonable time...

"Manifest Disregard Of The Law" No Longer A Valid Basis On Which To Challenge Arbitration Award

Posted on January 15, 2009
The Alabama Supreme Court followed the lead of the United States Supreme Court and held that, for cases decided under the Federal Arbitration Act, manifest disregard for the law is not a valid basis on which to challenge the arbitration award.  In Hall Street Associates, LLC v...

Arbitration Award Becomes Appealable Only After Being Entered As a Judgment By The Circuit Court Clerk

Posted on January 15, 2009
In Championcomm.net of Tuscaloosa, Inc. v. Morton, [Ms. 1070488] (Jan. 9, 2009), the Alabama Supreme Court dismissed the appeal of an arbitration award because there was no "final judgment."  Ala. Code 6-6-15 sets out the procedure by which an arbitration award may be appealed, and it states that "the clerk or register shall enter the [arbitration] award as the judgment of the court...

Mandamus Review Not Available For Pre-Trial Ruling On Motion In Limine

Posted on January 15, 2009
Although it was decided in the criminal law context, the case Ex parte King, [Ms. 1071540] (Ala. Jan. 9, 2009), may be instructive in civil cases.  In King,  the Alabama Supreme Court held that mandamus review of a pre-trial ruling on a motion in limine regarding evidence is not approrpiate...

Transfer Based On Forum Non Conveniens Not Allowed Where Venue Is Not Proper In Original County

Posted on January 15, 2009
In Ex parte AIG Baker Orange Beach Wharf, [Ms. 1071345] (Ala. Jan. 9, 2009), the Alabama Supreme Court held than an order transferring a case based on forum non conveniens is only proper where venue is proper in the original county.  If venue is improper in the original county, then a transfer based on forum non conveniens is inappropriate, and the case would have to be sent back to the original county, even though venue is not proper there...

Rule 54(b) Certification Improper Where Ruling Did Not Dispose Of All Aspects of Claim

Posted on January 15, 2009
In Alfa Mutual Ins. Co. v. Bone, [Ms. 1061808, 1061834] (Ala. Jan. 9, 2009), the Alabama Supreme Court dismissed an appeal based on an improper Rule 54(b) certification where the order did not dispose of all aspects of the declaratory judgment claim.  Disposing of some, but not all, issues raised by a claim does not support a Rule 54(b) certification...

Post-Judgment Motions Are Denied By Operation of Law on 90th Day After Filing, Not 91st

Posted on January 15, 2009
In Williamson v. Foutrth Avenue Supermarket, Inc., [Ms. 1070771] (Ala. Jan. 9, 2009), the Alabama Supreme Court dismissed an appeal as untimely, and clarified that a post-judgment motion is denied by operation of law on the 90th day after filing, not the 91st...

Cases Released January 9, 2009

Posted on January 12, 2009
From the Alabama Court of Civil Appeals: Stephens v. Huie Ex parte C.J.A., Petition for Writ of Mandamus; In re: In the matter of E.C.H., a minor A.M.B. v. J.M.S. Ex parte Russell, Petition for Writ of Mandamus; In re: Myers v. Russell, acting commissioner, Alabama Department of Revenue Lackey v...

Procedural Errors Doom Appeal

Posted on January 12, 2009
The Court of Civil Appeals's decision in Chaney v. Ala West et al., No. 2070599 (Ala. Civ. App. Dec. 31, 2008), illustrates why parties should be particularly vigilant about appellate procedure in cases involving numerous parties and claims.  The trial court over a two year period entered summary judgment in favor of all of the defendants on all of the plaintiffs' claims...

Implicit Holding Does Not Have Force of Stare Decisis

Posted on January 12, 2009
Conclusions implicit in a court's ultimate decision do not have the force of stare decisis.  Cochran v. Chapman, No. 2070541 (Ala. Civ. App. Dec. 31, 2008).  "'For a case to be stare decisis on a particular point of law, that issue must have been raised in the action, decided by the court, and its decision made part of the opinion of the case; accordingly, a case is not binding precedent on a point of law where the holding is only implicit or assumed in the decision but is not announced ...

Standard of Review for Judicial Estoppel Undecided

Posted on January 11, 2009
In Henriksen v. Roth, No. 1060875  (Ala. Dec. 31, 2008), the Alabama Supreme Court left for another day the question of the proper standard of review for issues regarding judicial estoppel.  "Henriksen urges this Court to apply a de novo standard of review regarding the trial court's refusal to grant her judicial-estoppel motion, arguing that the issue is purely a question of law...

Cases Released December 31, 2008

Posted on December 31, 2008
From the Supreme Court of Alabama: Lawson v. Moore Henriksen v. Roth   From the Alabama Court of Civil Appeals: Alabama Department of Revenue v. Harris B.L.T. v. V.T. and D.T. Chaney, et al. v. Ala West-AL, LLC Dunn v. Dunn Alabama State Personnel Board v...

Various Notes From Decisions of December 19, 2008

Posted on December 30, 2008
No decision released on December 19, 2008 turned centrally on a question of post-judgment or appellate law. Consequently, no one case seemed worth summarizing here. Several familiar points of appellate law did arise in these cases, though. Hoping that readers will find it useful, we recount these points briefly...

Cases Related on December 19, 2008

Posted on December 19, 2008
pFrom the Supreme Court of Alabama:/p pa href="http://www.alabamaappellatewatch.com/uploads/file/1071702.PDF"Ex Parte Governor Bob Riley and Robert L. Childree, comptroller of the State of Alabama Petition of Writ of Mandamus (In re: Joint Fiscal Committee of the Alabama legislature, et al...

Cases Released on December 19, 2008

Posted on December 19, 2008
pFrom the Supreme Court of Alabama:/p pa href="http://www.alabamaappellatewatch.com/uploads/file/1071702.PDF"Ex Parte Governor Bob Riley and Robert L. Childree, comptroller of the State of Alabama Petition of Writ of Mandamus (In re: Joint Fiscal Committee of the Alabama legislature, et al...

Cases Released on December 19, 2008

Posted on December 19, 2008
From the Supreme Court of Alabama: Ex Parte Governor Bob Riley and Robert L. Childree, comptroller of the State of Alabama Petition of Writ of Mandamus (In re: Joint Fiscal Committee of the Alabama legislature, et al. v. Governor Bob Riley and Comptroller Robert Childree) From the Alabama Court of Civil Appeals: Grelier v...

Alabama Supreme Court Holds that Exxon is Not Entitled to Post-Judgment Interest on Declaratory Judgment Because the Judgment Was Not a Money Judgment

Posted on December 18, 2008
p class="LFWBlank" style="margin: 0in 0in 12pt"font size="3"font face="Times New Roman"span style="mso-spacerun: yes"span style="font-size: 12pt"In a href="http://http://www.alabamaappellatewatch.com/uploads/file/exxon post judgment(1).pdf"uExxon Mobil Corp...

Alabama Supreme Court Holds that Exxon is Not Liable For Post-Judgment Interest on Declaratory Judgment Because the Judgment Was Not a Money Judgment

Posted on December 18, 2008
In Exxon Mobil Corp. v. State Dep’t. of Conservation and Natural Res., No. 1070716, released December 12, 2008, the Alabama Supreme Court held that a judgment ordering Exxon to compute royalties “according to the leases as interpreted by the jury,” was not a money judgment and therefore not subject to postjudgment interest...

Alabama Supreme Court Holds that Exxon is Not Liable For Post-Judgment Interest on Declaratory Judgment Because the Judgment Was Not a Money Judgment

Posted on December 18, 2008
In Exxon Mobil Corp. v. State Dep’t. of Conservation and Natural Res., No. 1070716, released December 12, 2008, the Alabama Supreme Court held that a judgment ordering Exxon to compute royalties “according to the leases as interpreted by the jury,” was not a money judgment and therefore not subject to postjudgment interest...

The Ninety-Day Rule Strikes Again: Untimely Appeal Dismissed

Posted on December 17, 2008
p class="LFWBlank" style="margin: 0in 0in 12pt"span style="font-family: Arial; mso-bidi-font-family: 'Times New Roman'"font size="3"In ua href="http://www.alabamaappellatewatch.com/uploads/file/mcaffee.pdf"McAfee v. Garrison/a/u, No. 2070857, released December 12, the Court of Civil Appeals dismissed an appeal as untimely where the fatherrsquo;s notice of appeal was not filed within 42 days of the denial of his post-judgment motions as a matter of law...

Court of Civil Appeals Reverses Trial Court's Setting Aside of a Domesticated Default Judgment Pursuant to Rule 60(b)

Posted on December 17, 2008
p class="LFWBlank" style="margin: 0in 0in 12pt"In ua href="http://www.alabamaappellatewatch.com/uploads/file/cambria.pdf"Camb/a/uua href="http://www.alabamaappellatewatch.com/uploads/file/cambria.pdf"ria v. Worldwide Custom Materials, Inc/a./u, No. 2070855, released by the Alabama Court of Civil Appeals, the court reversed the trial courtrsquo;s order setting aside a domesticated default judgment pursuant to Rule 60(b)...

The Ninety-Day Rule Strikes Again: Untimely Appeal Dismissed

Posted on December 17, 2008
In McAfee v. Garrison, No. 2070857, released December 12, the Court of Civil Appeals dismissed an appeal as untimely where the father’s notice of appeal was not filed within 42 days of the denial of his post-judgment motions as a matter of law...

Court of Civil Appeals Reverses Trial Court's Setting Aside of a Domesticated Default Judgment Pursuant to Rule 60(b)

Posted on December 17, 2008
In Cambria v. Worldwide Custom Materials, Inc., No. 2070855, released by the Alabama Court of Civil Appeals, the court reversed the trial court’s order setting aside a domesticated default judgment pursuant to Rule 60(b). Cambria sued Worldwide Custom Materials, Bramlett, and Groves in Minnesota seeking to recover a debt he was allegedly owed...

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