Posted on June 25, 2008 by Ivan B. Cooper

"Law of the case doctrine" is not inflexible and does not prevent a court from revisiting issue of jurisdiction.

In Bessemer Board of Ed. v. Tucker, Ms. 2070390 (Ala. Civ. App. June 20, 2008) , the Alabama Court of Civil Appeals addressed the application of the "law of the case" doctrine, and found that the doctrine is not inflexible.   "The doctrine directs a court's discretion; it does not limit a court's power."  Slip Op. p. 7.  Thus, the court revisited its prior ruling regarding jurisdiction. Continue Reading...
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Posted on April 16, 2008 by Craig N. Rosler

Argument Challenging Post-Minority Support Calculation Could Not Be Raised for First Time on Appeal

Where a husband challenged an award of post-minority support for the first time on appeal, his argument would not be entertained; the support judgment was therefore affirmed. Lollar v. Lollar, No. 2060863 (Ala. Civ. App. Apr. 11, 2008).

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Posted on March 12, 2008 by Craig N. Rosler

"Law of the Case" Did Not Bar Summary Judgment Where First Appellate Opinion Was "Contingent" on Unresolved Issues

On a previous appeal of the same case, the Alabama Supreme Court reversed a summary judgment against a lessor’s fraud claim. That decision was not the “law of the case,” however, because it was premised on an issue the earlier decision did not reach — the merits of a logically prior contract claim. The trial court was thus free, after the first remand, to re-enter summary judgment against the fraud claim. This time, that judgment was affirmed. United Land Corp. v. Drummond Co., No. 1061342 (Ala. Mar. 7, 2008). Continue Reading...
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