A motion to dismiss — which argued that the plaintiff had to arbitrate its claims — was effectively a motion to compel arbitration. The denial of that motion could be appealed as a matter of right. The Court of Civil Appeals erred by holding that the denied motion to dismiss would not support an appeal. Ex parte Directory Assistants, Inc., No. 1080852 (Ala. Nov. 25, 2009).
Continue Reading...In Schlarb v. Lee, the Alabama Court of Civil Appeals held that improper Rule 54(b) certification warranted dismissal of this appeal.
Continue Reading...Although it was decided in the criminal law context, the case Ex parte King, [Ms. 1071540] (Ala. Jan. 9, 2009), may be instructive in civil cases. In King, the Alabama Supreme Court held that mandamus review of a pre-trial ruling on a motion in limine regarding evidence is not approrpiate. The Court noted that there were no published opinions in Alabama covering this scenario, but, well settled propositions show that such a review is not allowed. Evidentiary rulings are reviewed to determine whether a trial court exceeded its discretion. These types of rulings are not approrpiate for mandamus review because "circumstances involving alleged errors of judgment, or errors in the exercise of judicial discretion, [do] not constitute grounds for invoking supervisory mandamus." Slip Op. p. 6, quoting Ex parte Nice, 407 So. 2d 874, 882 (Ala. 1981).
In Ex parte Gentiva Health Services, Inc., released by the Alabama Supreme Court on November 14, 2008, the court reviewed a trial court's order allowing discovery of privileged materials in a medical malpractice act even though the party against whom discovery was sought had not filed a motion for protective order in the trial court.
Continue Reading...In North Alabama Electric Cooperative v. New Hope Telephone Cooperative, the Alabama Supreme Court dismissed a Rule 54(b) interlocutory appeal because the claim for common law indemnity that was adjudicated by the trial court was intertwined with the claim for contractual indemnity that was still pending before the trial court.
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