Appellate Law

Court Announces Standard of Review for Denial of ALAA Claim

Posted on July 10, 2010
In Ex parte Loma Alta Property Owners Association, Inc., No. 1081170 (Ala, June 30, 2010), the Alabama Supreme Court announced that the standard of review for an order denying a request for attorney fees under the Alabama Litigation Accountability Act is the same as the standard of review for an order granting a request for fees...

New Opinions Worth Reading

Posted on July 10, 2010
On June 30, 2010, the Alabama Supreme Court released a collection of opinions that address questions of first impression, present complex issues of appellate procedure, and review of a wide variety of topics.  These cases are not easily summarized; too much is lost in trying to simplify the Court's lengthy and thoughtful analysis...

In Action Against Multiple Defendants, Default Judgment Against One of Them Is Not Final For Purposes Of Appeal

Posted on July 10, 2010
The Alabama Supreme Court rejected the appellees' contention that an appeal from a default judgment in Progress Industries, Inc. v. Wilson, No. 1080578 (June 30, 2010), was untimely.  The plaintiffs argued that the 42 day period for appeal under ARAP 4 started following the date on which the trial court entered an order assessing damages for the default judgment...

Cases Released July 9, 2010

Posted on July 09, 2010
From the Alabama Court of Civil Appeals: Pinzone v. Papa's Wings, Inc. Builders Supply and Salvage Company, Inc. v. Regions Bank Complete List of Cases from the Alabama Court of Civil Appeals   No cases were released by the Alabama Supreme Court

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Cases Released June 30, 2010

Posted on July 06, 2010
From the Alabama Supreme Court: Ex parte Stutts; Petition for Writ of Mandamus (In re: Stutts v. Vacik, M.D., et al.) Ex parte Alabama State Personnel Board; Petition for Writ of Mandamus (In re: Nationwide Retirement Solutions, Inc. v. Alabama State Personnel Board) Ex parte Theodorou; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Theodorou v...

Cases Released July 2, 2010

Posted on July 06, 2010
From the Alabama Court of Civil Appeals: MAT Systems, Inc., d/b/a Corporate Design Systems v. Atchison Properties, Inc. Franks, as president of Central Alabama Community College v. Jordan Complete List of Cases from the Alabama Court of Civil Appeals

Cases Released June 25, 2010

Posted on June 25, 2010
From the Alabama Court of Civil Appeals: Kelley v. Kelley McKnight v. Way et al. Petty v. Allen, as Commissioner of the Alabama Department of Corrections Blount County Commission v. Sherrell Sacred Heart Health System, Inc. v. Infirmary Health System Fort James Holding Company, Inc...

Cases Released June 18, 2010

Posted on June 18, 2010
From the Alabama Court of Civil Appeals: Stephens v. Harris Ex parte T.C.; Petition for Writ of Mandamus (In re: T.C. v. C.E.) D.E.C.C. v. K.N.R. L.B. v. R.L.B. L.M.W. v. Etowah County Department of Human Resources Jones v. Sherrell Ex parte Siemag, Inc...

Alabama Supreme Court Discusses Standard of Review Applicable to Ruling on Rule 60(b)(4) Motion Collaterally Attacking A Foreign Judgment

Posted on June 14, 2010
In Pirtek USA, LLC v. Whitehead et al., No 1071570, the Alabama Supreme Court restated the standard of review applicable to reviewing a ruling on a motion filed pursuant to Rule 60(b)(4) collaterally attacking a foreign judgment on the basis that the judgment is void for lack of jurisdiction...

Eleventh Circuit Discusses Prior Panel Rule

Posted on June 11, 2010
The prior panel rule states that when the decision of one panel of an appellate court conflicts with the decision of another panel, the decision that was issued first is binding until it is reversed by the United States Supreme Court or by an en banc decision...

Cases Released June 11, 2010

Posted on June 11, 2010
From the Alabama Court of Civil Appeals: Placey v. Placey Miller v. Cleckler Lively v. Kilgore Laney v. Garmon Banks v. Hall Fuller v. Fuller Kiel v. Kiel Ross v. Ross Hatley v. Hatley Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: The North River Insurance Company v...

Cases Released June 4, 2010

Posted on June 04, 2010
From the Alabama Court of Civil Appeals: Equity Group - Alabama Division d/b/a Keystone Foods v. Harris Owens v. Owens McMillan v. McMillan Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Okay v. Murray d/b/a Centennial Residential Developments, Inc...

Cases Released May 28, 2010

Posted on May 28, 2010
From the Alabama Court of Civil Appeals: Blackston v. Alabama Department of Revenue et al. Baker v. Kennedy Alabama State Personnel Board v. Miller Hildreth v. State of Alabama Rush v. East Bay Electric, LLC Chancy v. Chancy Lake Homeowners Association, Inc...

Cases Released May 21, 2010

Posted on May 21, 2010
From the Alabama Court of Civil Appeals: Ex parte Hartley; Petition for Writ of Mandamus (In re: Hartley v. Hartley) Norman v. Norman Hathcock Roofing & Remodeling Company, Inc. v. Compass Bank Wilson v. Wilson A.C. v. C.C. Universal Debit & Credit Corporation v...

Court Dismisses Appeal from Non-Final Custody Decision

Posted on May 15, 2010
The Court of Civil Appeals was without jurisdiction to review a custody decision in J.M.M. v. J.C., 2090172 (Ala. Civ. App. May 7, 2010), because the trial court had not resolved the issue of child support, making the judgment non-final...

Circuit Courts Must Apply Deferential Standard of Review to Administrative Agency Decisions

Posted on May 15, 2010
When circuit courts review administrative decisions, they must defer to the adminsitrative agency and set aside the agency's decision only if the decision was not supported by substantial evidence, the agency's actions were not reasonable, or the agency's actions were not within its statutory and constitutional powers...

Court Clarifies Wrongful Death Standing

Posted on May 14, 2010
In Wood, M.D., et al. v. Wayman, No. 1070232 (Ala. May 7, 2010), the Alabama Supreme Court resolved a certified question concerning standing in an Alabama wrongful death action.  The trial court asked whether, "when a person dies testate and the person named as personal representative in the will files a wrongful-death action within the statutory limitations period, but is not formally appointed as personal representative until after the statutory limitations period has run, 'the appointment relates back to the death or [the] date of filing the suit and the suit is not barred by the Statute of Limitations...

Cases Released May 14, 2010

Posted on May 14, 2010
From the Alabama Court of Civil Appeals: M.T.D. v. Morgan County Department of Human Resources R.Y. v. C.G. Berry v. Deutsche Bank National Trust Company Hancock v. Buckner Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Jefferson County Commission et al...

Cases Released May 7, 2010

Posted on May 10, 2010
From the Alabama Court of Civil Appeals: Wilburn Quarries, LLC, et al. v. State Department of Revenue J.M.M. v. J.C. Allen v. Allen Watkins v. Mitchem et al. Knight v. Knight Tucker v. Tucker Alabama State Personnel Board v. Dueitt M & J Materials, Inc...

Cases Released April 30, 2010

Posted on April 30, 2010
From the Alabama Court of Civil Appeals: Ex parte Pierce; Petition for Writ of Mandamus (In re: Pierce v. Pierce) McClendon et al. v. Pugh Stocks v. Stocks Board of School Commissioners of Mobile County v. Glenn A.E.T., Jr. v. Limestone County Department of Human Resources Alabama Department of Economic and Community Affairs v...

Cases Released April 23, 2010

Posted on April 26, 2010
From the Alabama Court of Civil Appeals: Sullivan & Willis Real Estate, L.L.C. v. Cruce Moore v. Strickland Bourgeois v. Hughes Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Knoedler v. Blinco et al...

Court of Civil Appeals Discusses Rule That Failure to Hold Hearing on Postjudgment Motions Is Reversible Error

Posted on April 20, 2010
In Wicks v. Wicks, released by the Court of Civil Appeals on April 16, 2010, the court discussed the ule that a trial court's failure to hold a hearing on postjudgment motions constitutes reversible error.  It held that the harmless error exception to that rule was not applicable where the husband alleged the wife's fraudulent failure to list substantial assets in a divorce settlement agreement...

Alabama Court of Civil Appeals the Burden of Proof When A Party Challenges Domestication of a Foreign Judgment

Posted on April 20, 2010
Directory Assistants, Inc. v. Cooke, Cameron, Travis, and Company P.C., released April 16, 2010, discusses potential challenges when a party seeks to challenge domestication of a valid foreign judgment.  Directory Assistants presented a complicated procedural and factual history, much of which can be ignored here...

Trial Court's Oral Rendition of Judgment Insufficient to Dispose of Pending Post-Judgment Motion

Posted on April 19, 2010
In Ex parte Jackson Hospital & Clinic, Inc., released by the Supreme Court of Alabama on April 16, 2010, the court issued a writ of mandamus voiding a trial court order that vacated a summary judgment in favor of petitioners.  Because the summary judgment order had been pending for more than ninety days, the trial court lacked jurisdiction at the time it purported to vacate it and the oral rendition that ocurred within the 90 day period was not sufficient...

Order Following Second of Thirteen Trials in Single Action Was Not Final for Appeal

Posted on April 16, 2010
New Acton Coal Mining Company, Inc. v. Woods et al., No. 1081092 (Ala. April 9, 2010), illuminates the procedural distinction, for purposes of appeal, between claims separated for trial under ARCP 42(b) and claims severed for separate trials under ARCP 21...

Supreme Court Gives Considerable Deference to Trial Court in Ruling on Preliminary Injunction

Posted on April 16, 2010
In Spinks v. Automation Personnel Services, Inc., No. 1081379 (Ala. April 9, 2010), the Alabama Supreme Court summarized the deferential standard of review that it uses in appeals from orders granting or denying a motion for preliminary injunction...

Appellate Court Will Review Plaintiff's Challenge to Judgment as a Matter of Law Though Not Raised in New Trial Motion

Posted on April 16, 2010
Reversing its decision in Carter v. Treadway Trucking, Inc., 611 So. 2d 1034 (Ala. 1992), the Alabama Supreme Court held that the plaintiff in Robertson v. Gaddy Electric and Plumbing, LLC, No. 1081351 (Ala. April 9, 2010), did not waive his appeal of the Rule 50 judgment as a matter of law on his wantonness claim by not raising the issue in his new trial motion...

Cases Released April 16, 2010

Posted on April 16, 2010
From the Alabama Court of Civil Appeals: Bogus v. Bank of New York Wells v. Wells Ladden v. Ladden Lee v. Lee C.A.H. v. J.B.S. Wicks v. Wicks M.H. v. Jer. W. Directory Assistants, Inc. v. Cooke, Cameron, Travis and Company, P.C. Complete List of Cases from the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Ex parte Jackson Hospital & Clinic, Inc...

Cases Released April 9, 2010

Posted on April 09, 2010
From the Alabama Court of Civil Appeals: Howard v. Wood Honda Manufacturing of Alabama, LLC v. Alford Mike Brooks Car World, Inc. v. Sudduth The Baldwin County Planning and Zoning Commission v. Montrose Ecor Rouge, L.L.C. Guyton v. Hunt Complete List of Casesfrom the Alabama Court of Civil Appeals   From the Alabama Supreme Court: Spinks v...

Cases Released April 2, 2010

Posted on April 02, 2010
From the Alabama Court of Civil Appeals: Franks v. Jordan S.L.L. v. L.S. Brady v. Roebuck Honda John Howard Homes, Ltd. v. Wittman Hogue et al. v. Logan's Roadhouse, Inc. Keeton v. Kelly Company, LLC Radcliff v. Hall Housing Investments, Inc. Smith v...

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