Law of the Case Did Not Bar Trial Court From Explaining and Reentering Judgment

 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).

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Cases Released March 5, 2010

Cases Released February 26, 2010

Alabama Sports Artist's Appeal Endangered By Failure to File Record Excerpts

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.      

Cases Released February 19, 2010

Argument Must Be Raised To Trial Court To Preserve For Appeal

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).

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Order Valid If Judge Renders and Directs Entry of Judgment But Order Not Entered Until After Judge Leaves Office

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.

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Cases Released February 12, 2010

Void Judgment Will Not Support Appeal

In Claridy v. Claridy, [Ms. 2080385] (Ala. Civ. App. Feb. 5, 2010), the Court of Civil Appeals dismissed an appeal as being from a void judgment after the order was entered after the post-judgment motion had already been denied by operation of law. 

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Party Must Move For Judgment As a Matter of Law at Close of All Evidence to Raise Issue on Appeal

In Skerlick v. Gainey, [Ms. 2080673] (Ala. Civ. App. Feb. 5, 2010), the Court of Civil Appeals held that a party waived the ability to challenge the sufficiency of the evidence on appeal because the party did not renew its motion for judgment as a matter of law at the close of all the evidence.

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