Appellate Law

Appellate Review Foreclosed by Internal Inconsistencies in Judgment

By Madeline H. Haikala

""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.C., Nos. 1090639, 1090671, 1090723, 1090724 (Ala. Jan. 14, 2011), because it could not decipher from the record what the trial court intended when it entered judgment.  The Court remanded the case to the trial court for clarification.  

Full post as published by Alabama Appellate Watch on January 21, 2011 (boomark / email).