Where the circuit court received only arguments on a stipulated factual record, the appeals court gave the circuit court’s judgment “no presumption of correctness,” and so reviewed that judgment under a de novo standard. Ex parte Ala. Dept. of Revenue, No. 1070925 (Ala. Feb. 26, 2010).
In Middleton v. Caterpillar Industrial, Inc., released August 17, the Alabama Supreme Court refused to follow the majority of federal appellate courts and adopt an abuse of discretion standard when reviewing a trial court’s application of judicial estoppel. As judicial estoppel is an affirmative defense, review of rulings based on it are subject to the de novo standard of review.