Alabama Appellate Watch : Blog Published by Lightfoot Franklin & White : Alabama Litigation Lawyer & Attorney : Appellate, Alabama Supreme Court (Supreme Court of Alabama)

 Where the circuit court received only arguments on a stipulated factual record, the appeals court gave the circuit court’s judgment “no presumption of correctness,” and so reviewed that judgment under a de novo standard. Ex parte Ala. Dept. of Revenue, No. 1070925 (Ala. Feb. 26, 2010).

• Email This
• Print
• Comments
• Trackbacks

The trial court incorporated a “partial agreement” between the parties into its final divorce judgment. The record on appeal contained no written evidence of that agreement, however, and the trial court had not received evidence on any contested issue. The agreement thus was not valid. And, without evidence, the trial court had no discretion to adjudicate other issues. The Court of Civil Appeals reversed the judgment and ordered the trial court to hold an evidentiary hearing. Willis v. Willis, No. 2080876 (Ala. Civ. App. Feb. 26, 2010)

• Email This
• Print
• Comments
• Trackbacks

 The Court of Civil Appeals, on the first appeal of this case, held that the circuit court had wrongly considered evidence outside the pleadings in granting a motion to dismiss. On remand, the circuit court explained that, in fact, its decision had depended on nothing outside the pleadings. It then reentered its dismissal. The Court of Civil Appeals held that this was sufficient and that, given the trial court’s explanation, the “law of the case” doctrine did not bar a reentry of the original judgment. Drees v. Turner, No. 2080742 (Ala. Civ. App. Feb. 26, 2010).

• Email This
• Print
• Comments
• Trackbacks

From the Alabama Court of Civil Appeals:

Ex parte Kish; Petition for Writ of Mandamus (In re: Kish v. TruGreen Limited Partnership)

Eaton v. Waldrop

Complete List of Cases from the Alabama Court of Civil Appeals

From the Alabama Supreme Court:

Noland Health Services, Inc. v. State Health Planning and Dev. Agency

1568 Montgomery Highway, Inc. v. City of Hoover

Lisa Dixon, as administratrix of the estate of Maurine Humphreys v. Hot Shot Express, Inc.

Ex parte Thompson (Petition for Writ of Ceriorari to the Court if Civil Appeals, In re: Thompson v. Richey)

Ex parte Gordon, Dana, Still, Knight & Gilmore, LLC (Petition for Writ of Certiorari to the Court of Civil Appeals, In re: Gordon, Dana, Still, Knight & Gilmore, LLC v. Jefferson County)

List of Decisions Announced by the Alabama Supreme Court

• Email This
• Print
• Comments
• Trackbacks

• Email This
• Print
• Comments
• Trackbacks

This article highlights the dire consequences that famed Alabama sports artist Daniel Moore faces for his attorney's misunderstanding of the Eleventh Circuit's record excerpts rules.      

• Email This
• Print
• Comments
• Trackbacks

From the Alabama Court of Civil Appeals:

Ross v. Lewis

Complete List of Cases from the Alabama Court of Civil Appeals

From the Alabama Supreme Court:

Ex parte Ward; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Ward v. State of Alabama)

Diamond v. Bank of Alabama

Complete List of Cases from the Alabama Supreme Court

• Email This
• Print
• Comments
• Trackbacks

In this interesting case involving Homeowners' Associations, restrictive covenants, and what actually is an acceptable driveway, one of the issues was disposed of on appeal because it was not raised first  to the trial court.  Grove Hill Homeowners' Association, Inc. v. Rice, [Ms. 2081093] (Ala. Civ. App. Feb. 5, 2010).

• Email This
• Print
• Comments
• Trackbacks

The unique scenario of where the trial court judge renders a judgment just before his term of office ends, but the judgment was not entered until after the judge's term ended,  was presented in Gilliam v. Gilliam, [Ms. 2080856] (Ala. Civ. App. Feb. 5, 2010).  The Court of Civil Appeals concluded that, to be valid, the trial court must both render judgment and direct entry of judgment by the clerk prior to leaving office.  Further, the Court of Civil Appeals held that an order is valid even if filed on a legal holiday, but that the trial court erred by not holding a hearing on a post-judgment motion that had merit.

• Email This
• Print
• Comments
• Trackbacks