Posted on July 31, 2009 by Ivan B. Cooper

Trial Court's Jurisdiction After Remand From Appellate Court Is Limited By Mandate

In South Alabama Skills Training Consortium v. Ford, [Ms. 2080068] (Ala. Civ. App. July 24, 2009), the Court of Civil Appeals dismissed an appeal as being from a void judgment because the trial court's jurisdiction on a review of a decision of an administrative law judge was limited by certiorari review, and the trial court did not have jurisdiction to go beyond the appellate court's mandate after remand.

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Posted on February 5, 2009 by Craig N. Rosler

Party Cannot Appeal Judgment That Does Not Affect It Adversely

The Jefferson County Sheriff’s Department was not adversely affected by a decision of the county’s Personnel Board. Therefore, the Department could not appeal from that decision. The circuit court should have dismissed the Department’s appeal. Ex parte Jefferson County Sheriff’s Dept., No. 2070634 (Ala. Civ. App. Jan. 23, 2009).

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Posted on June 10, 2008 by Craig N. Rosler

Certiorari Available to Review "Final" Administrative Decisions Under Fair Dismissal Act

The common-law writ of certiorari is available to review administrative decisions under § 36-26-115 of Alabama’s Fair Dismissal Act, the Court of Civil Appeals held, even though that statute makes administrative decisions “final” and non-appealable. South Ala. Skills Training Consortium v. Ford, No. 2060837 (Ala. Civ. App. Jun. 6, 2008). The appellate court also explained the standards governing certiorari review. Continue Reading...
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