Alabama Civil Appellate Cases Released March 11, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on March 11, 2011.

From the Alabama Supreme Court:

Norfolk Southern Railway Company v. Johnson

O’Rear v. B. H.

Jim Parker Building Company, Inc. v. G&S Glass & Supply Company, Inc.

Breland v. Rich and Vision Partners, LLC

Ex parte Melton; Petition for Writ of Certiorari (In re: Melton v. State of Alabama)

Complete List of Cases from the Alabama Supreme Court

From the Alabama Court of Civil Appeals:

Maiden v. Federal National Mortgage Association

M. S. M. v. M. W. M.

Clayton v. Clayton

B. L. R. v. N. M. N. III

J. H. v. J. W.

Peterson v. Lucas

Gant v. Azalea City Credit Union

Complete List of Cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released February 11, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on February 11, 2011.

From the Alabama Supreme Court:

Ford Motor Company v. Duckett

Water Works Board of Bear Creek v. Town of Bear Creek

Complete List of Cases from the Alabama Supreme Court

From the Alabama Court of Civil Appeals:

Rogers v. Penske Truck Leasing Co.

Polk and Proctor v. Leslie Polk and Polk Plumbing

Colbert v. First National Bank of Atmore

Alabama Department of Industrial Relations v. AHI Linden Lumber

Robinson v. Sovran Acquisition Limited Partnership

Neal v. Sem Ray, Inc. and Stringer

M. H. v. H. N. M.

Hargett v. Blue Cross Blue Shield of Alabama

Town of Westover v. Bynum and J&F Enterprises

Complete List of Cases from the Alabama Court of Civil Appeals

Appellate Review Foreclosed by Internal Inconsistencies in Judgment

""Effective appellate review is not possible where there is ‘some inconsistency’ in the trial court’s judgment."  The Alabama Supreme Court could not effectively review the judgment in Rothfeder v. Kaufman Gilpin McKenzie Thomas Weiss, P.C., Nos. 1090639, 1090671, 1090723, 1090724 (Ala. Jan. 14, 2011), because it could not decipher from the record what the trial court intended when it entered judgment.  The Court remanded the case to the trial court for clarification.  

Lack of Subject Matter Jurisdiction May Be Raised for First Time On Appeal

On January 14, 2011, the Alabama Supreme Court vacated a $3.2 million wrongful death medical malpractice jury award and dismissed the appeal from the award because the Court found that the defendant had State immunity.  Consequently, both the trial court and the Alabama Supreme Court lacked subject matter jurisdiction over the case.  It did not matter that the defendant did not challenge jurisdiction in the trial court because a party cannot waive a challenge to subject matter jurisdiction.  Health Care Authority for Baptist Health v. Davis, No. 1090084 (Ala. Jan, 14, 2011). 

Alabama Civil Appellate Cases Released January 14, 2011

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on January 14, 2011.

From the Alabama Supreme Court:

Surles v. City of Ashville

Health Care Authority for Baptist Health v. Davis

Ex parte Green Tree Financial Corporation; Petition for Writ of Mandamus (In re: Adams v. Green Tree Financial Corporation)

Citizenship Trust et al. v. Keddie-Hill et al.

Rothfeder v. Kaufman Gilpin McKenzie Thomas Weiss, P.C.

Working v. Jefferson County Election Commission

Frye v. Smith

Clayton v. LLB Timber Company, Inc.

Ex parte International Refining and Manufacturing Company; Petition for Writ of Mandamus (In re: Zurich Insurance Company et al. v. International Refining and Manufacturing Company, Inc.)

Oliver v. Shealey

Ex parte Textron, Inc., et al; Petition for Writ of Mandamus (In re: Alabama Boating Centers, Inc., et al. v. Textron, Inc., et al.)

Ex parte Phenix City Board of Education; Petition for Writ of Mandamus (In re: Randolph v. Montee)

Ex parte Hicks; Petition for Writ of Mandamus (In re: Marshall v. Hicks)

Complete List of Cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

K.C. v. R.L.P.

Wicks v. Wicks

Y.N. v. Jefferson County Department of Human Resources

Wells v. Wells

McCaughn v. Alabama State Board for Registration of Architects

Complete List of Cases from the Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released December 17, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on December 17, 2010.

From the Alabama Supreme Court:

Beiersdoerfer v. Hilb, Rogal & Hamilton Company et al.

Ex parte Dragomir; Petition for Writ of Mandamus (In re: Pike v. CRST Malone, Inc.)

Ex parte de Vega et al; Petition for Writ of Mandamus (In re: de Vega et al. v. Shelton et al.)

Ex parte State of Alabama; Petition for Writ of Mandamus (In re: State of Alabama v. Mack)

Key v. Allison

Complete List of Cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Bittinger v. Byrom

Caseco, LLC v. Dingman

Eastis v. Veterans Oil, Inc.

Maxwell v. Boyd

A.K. v. N.B.

Hargrove v. Hargrove

Ex parte Owens; Petition for Writ of Mandamus (In re: Parker v. Owens)

South Highland Limited Partnership v. Southern Family Markets of Clanton, LLC

Complete List of Cases from Alabama Court of Civil Appeals

Alabama Civil Appellate Cases Released November 19, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on November 19, 2010.

From the Alabama Supreme Court:

Priest v. Ernest W. Ball & Associates, Inc., et al.

Natures Way Marine, LLC v. Dunhill Entities, LP, et al.

The Lemoine Company of Alabama, L.L.C. v. HLH Constructors, Inc.

Complete List of Cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Poh v. Poh

Rose v. Rose

Grelier v. Grelier

Cousins v. McNeel

Daniels v. Kapoor

Nelson v. Wenzel, et al.

Hillcrest, Ltd. v. City of Mobile

Thomas & Associates v. Yasko

Sexton v. Bass Comfort Control, Inc.

Alabama Department of Industrial Relations v. Smith

Gibson v. Staffco, L.L.C., d/b/a Ribs & Reds Restaurant

Complete List of Cases from the Alabama Court of Civil Appeals

Court Reviews Scope of Law of the Case Doctrine

In its second opinion in the Poole v. Prince litigation, the Alabama Supreme Court reviewed the law of the case doctrine to determine whether its first opinion in this matter was dispositive of the issue before it in the second appeal.  The Court concluded that because the facts on which its first summary judgment opinion was based were different from the facts relevant to the second summary judgment appeal, the law of the case doctrine did not apply.  Poole v. Prince, 1090461 (Ala. Oct. 22, 2010)..   

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Alabama Civil Appellate Cases Released October 22, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on October 22, 2010.

From the Alabama Supreme Court:

Dale v. Kolb

Poole v. Prince et al.

Hill et al. v. Galliher et al.

Heatherwood Holdings, LLC v. First Commercial Bank

Ex parte Smith; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Smith v. State of Alabama)

Ex parte Baldwin County Planning and Zoning Commission; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Baldwin County Planning and Zoning Commission  v. Montrose Ecor Rouge, L.L.C.)

Complete list of cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

J.F. v. R.J.

M.W. v. C.W.

Polk v. Polk

Harris v. Harris

Fessler v. Miller

Bishop v. Bishop

Dunigan v. Bruning

Franklin v. Catledge

Bill Salter Advertising, Inc. v. City of Atmore

Biz Distribution Company, Inc. v. Crystal Fresh, Inc.

Attorneys Insurance Mutual of Alabama, Inc. v. Alabama Department of Insurance

Complete list of cases from the Alabama Court of Civil Appeals

Alabama Civil Cases Released September 24, 2010

Following are the cases released by the Alabama Supreme Court and Court of Civil Appeals on September 24, 2010.

From the Alabama Supreme Court:

Jones Express, Inc. v. Jackson

Ex parte Shanklin; Petition for Writ of Certiorari to the Court of Civil Appeals (In re: Shanklin v. New Pilgrim Towers, L.P.

Precise v. Edwards, et al.

Ex parte State of Alabama; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Lane v. State of Alabama)

Downing v. The City of Dothan

Ex parte Jackson; Petition for Writ of Certiorari to the Court of Criminal Appeals (In re: Jackson v. State of Alabama)

Pullum v. Pullum

Ex parte Attorney General Troy King; Petition for Writ of Mandamus (In re: Jones v. CVS Caremark Corporation, et al.)

Ex parte Autauga Heating & Cooling, LLC; Petition for Writ of Mandamus (In re: Wright v. Autauga Heating & Cooling, LLC)

Ex parte McMichael; Petition for Writ of Mandamus (In re: McMichael v. McMichael)

Complete list of cases from the Alabama Supreme Court

 

From the Alabama Court of Civil Appeals:

Dees v. Board of School Commissioners of Mobile County

Brantley v. Scrushy

Looney v. State of Alabama

Ex parte Buckner, Commissioner of the Alabama Department of Human Resources, et al.; Petition for Writ of Mandamus (In re: The matter of D.R.S., a minor)

Hall v. Reynolds et al.

Hillbert v. State of Alabama

State of Alabama ex rel. Walker v. Walker

T.C.T.B.M. v. B.T.

Powell v. Piggly Wiggly Alabama Distributing Company, Inc.

T.H. v. Jefferson County Department of Human Resources

Sacred Heart Health System, Inc. v. Infirmary Health System

Complete list of cases from the Alabama Court of Civil Appeals