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

A circuit court’s judgment was not final, and would not support an appeal, where the judgment did not address the husband’s request to end his obligation to maintain life insurance for his ex-wife’s benefit. Hennaing v. Hennaing, No. 2060530 (Ala. Civ. App. May 9, 2008). The appeal was dismissed for lack of jurisdiction.

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The circuit court lost jurisdiction once it denied an employer’s post-judgment motions under Rules 59 and 60. That denial triggered the 42 days in which the employer had to appeal. The circuit court had no power to reopen, reconsider, and again rule on the employer’s motions. An appeal taken 42 days after that second attempted ruling was dismissed as untimely. Attalla Health Care, Inc. v. Kimble, No. 2061007 (Ala. Civ. App. May 9, 2008).

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From the Alabama Court of Civil Appeals:
Ex parte Medical Licensure Commission of Alabama, In re: Morrison v. Gurley
Ex parte Plumbline Construction, In re: Quattlebaum v. Plumbline Construction
A.R. v. State Department of Human Resources
Pepper v. Bentley
R.H. v. D.N.
Daugherty v. Daugherty
Folsom v. Stagg Run Development, LLC, et al.
Attalla Health Care, Inc. v. Kimble
Busby v. Lewis
Berry v. H.M. Michael, Inc., d/b/a Salsa Blues Restaurant
S.K. v. State Department of Human Resources
State Health Planning and Development Agency and Certificate of Need Review Board of the State Health Planning and Development Agency v. West Walker Hospice, Inc.
Hennaing v. Hennaing

From the Supreme Court of Alabama:
Ex parte J.E., In re: J.E. v. V.C.E.

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In Morrison v. Phillips, released May 2, 2008, the Alabama Court of Civil Appeals dismissed an appeal from a probate court judgment as untimely filed by operation of Rule 59.1.  

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In N.F.N. and L.C.N. v. J.M.M.J, released on May 2, 2008, the Alabama Court of Civil Appeals dismissed an appeal from a judgment awarding custody because the order appealed from purported to rule on a motion to reconsider the denial of a postjudgment motion.  

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From the Supreme Court of Alabama:
Ex parte Abrams, In re: Abrams v. State of Alabama
Board of Trustees of the University of Alabama, for its division, University of Alabama Hospital, and Gadsden Regional Medical Center v. American Resources Insurance Company et al.

From the Alabama Court of Civil Appeals:
N.F.N. and L.C.N. IV v. J.M.M.J., S.D.J.H., and Mobile County Department of Human Resources
Denson v. Moses
E.H. v. N.L.
Morrison v. Phillips
J.B. v. Cleburne County Department of Human Resources
J.L.W. v. E.O.J.
R.A. Benefield v. Graham
Nichols v. Pate
Boise Cascade Corporation v. Jackson

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In Ex parte Vulcan Materials, [Ms. 1051184] (Ala. April 25, 2008) , the Alabama Supreme Court clarified the allowable scope of post judgment discovery in connection with a review of punitive damages, including the scope of discovery regarding a defendant's financial position.  The decision also includes interesting concurrences by Justice Murdock and Chief Justice Cobb.  

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The Birmingham News has an interesting article about recent statistics on the caseload at the Alabama Supreme Court.  Click the link for the article entitled  "Alabama Supreme Court releases data: Fewer cases, decisions take longer."

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From the Alabama Court of Civil Appeals:

2061121 - Walton v. Beverly Enterprises-Alabama, Inc., d/b/a Beverly-Meadowood Health & Rehabilitation, and Caroyln Disher

From the Alabama Supreme Court:

1070606 - Ex Parte Margaret Dabbs, Petition for Writ of Certiorari to the Court of Civil Appeals, (In re: Margaret Dabbs v. SRE, Inc. d/b/a Southern Real Estate)

1070376 - Ex Parte Micheal Booker, Petiton for Writ of Certiorari to the Court of Criminal Appeals, (In re: Micheal Booker v. State of Alabama)

1061377 - Ex Parte Matthew Kennedy, Charles Ward, and Marty Griffin, Petition for Writ of Mandamus, (In re: Burl Thompson, executor of the estate of Joseph James "Pete" Thompson, deceased v. Matthew Kennedy, Charles Ward, and Marty Griffin)

1060739 - Classroomdirect.com, LLC v. Draphix, LLC, f/k/a Re-Print/Draphix, LLC

1060734 - Ex Parte Norfolk Southern Railway Company, Norfolk Southern Corporation and John D. Summers, Petition for Writ of Mandamus, (In re: Dexter A. Grandison v. Norfolk Southern Railway Company, et al.)

1051184 - Ex Parte Vulcan Materials Company Petition for Writ of Mandamus, (In re: James Blizzard d/b/a Blizzard Construction Company and Hollywood Materials v. Jeffrey Chandler and Vulcan Materials Company)

1041765 - Welch v. Wachovia Bank, N.A.

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