A husband was turned aside where he appealed, not from the denial of his initial post-judgment motion, but from the denial of his (much later) motion to "reconsider” that initial post-judgment disposition. Rorex v. Rorex, No. 2060232 (Ala. Civ. App.) (July 27, 2007). The trial court’s acts after it denied the first post-judgment motion were “void” and would not support an appeal.
Monthly Archives: July 2007
Appeal Dismissed Where Judgment Did Not Adjudicate Motion Left Pending in Earlier Suit
A mother appealed from a judgment, trying to address a motion that had been left unresolved in an earlier suit. The current judgment did not address that unresolved motion. Nor did any other ruling. Lacking a final judgment adjudicating that earlier motion, the Court of Civil Appeals lacked jurisdiction to review the case. Fielding v. Fielding, No. 2060243 (Ala. Civ. App.) (July 27, 2007).
Justice See Will Not Seek Re-election In 2008
Alabama Supreme Court Justice Harold See will not seek re-election in 2008, according to this article from the Mobile Press-register.
Cases Released July 27, 2007
From the Alabama Court of Civil Appeals:
State of Alabama ex rel. Williams v. Crowe
Ladas Land & Development, Inc. v. Merritt and Walding Properties, L.L.P.
From the Alabama Supreme Court:
Ex parte Mason, In re: State Farm Mutual Automobile Insurance Company v. Mason
Offer of Proof Required to Preserve Review of Ruling Sustaining Evidentiary Objection
Hennis v. Hennis, No 2050713, released by the Alabama Court of Civil Appeals on July 20, shows the consequences of failing to make an offer of proof when the trial court sustains an evidentiary objection.
“Chief Justice Calls For Judicial Reform”
Chief Justice Cobb spoke at the State Bar this weekend. Here is an article entitled "Chief Justice Calls For Judicial Reform" about her comments.
Cases Released July 20, 2007
From the Alabama Court of Civil Appeals:
Easley v. Huntsville-Madison County Public Library
Phillips v. Asplundh Tree Expert Company
From the Alabama Supreme Court:
Parker v. Williams ; Williams v. Parker
Carraway, as executor of the estate of Carraway v. Beverly Enterprises Alabama, Inc., et al.
Ex parte Jett, In re: Jett v. State of Alabama
Law of the Case Doctrine Prevents Review of Prior Ruling
The application of the law of the case doctrine is on display in Stockton v. CKPD Development, No. 1060182 (Ala. July 13, 2007). In Stockton, the Alabama Supreme Court found that the law of the case doctrine prevented the Court from revisiting a prior ruling from the Court of Civil Appeals which had not been challenged by writ of certiorari.
Cases Released July 13, 2007
From the Alabama Court of Civil Appeals:
Hornady Truck Lines, Inc. v. Howard
From the Supreme Court of Alabama:
Stockton, et al. v. CKPD Development Co., Inc.
Ex parte Sheriff Tirey, In re: T.M., as next friend of K.M.M., a minor v. Uptain, et al.
Green Tree-AL, L.L.C. v. Reynolds, Reynolds, and Gamble Properties, L.L.C.
Horton and Reynolds v. Alexander, trustee of Terry Manufacturing Company, Inc.
Judgment for Plaintiff Reversed Where Plaintiff Failed to Dismiss Claims against Defendant’s Agents, and Trial Court did not Give Jury Charge Relating to Agent’s Conduct; Omission Tantamount to Judgment on the Merits for Agents
The Alabama Supreme Court reversed a vicarious liability judgment against the defendant manufactured home seller and rendered judgment for the defendant on plaintiff’s fraud, conversion and wantonness claims. H & S Homes, L.L.C. v. McDonald, No. 1051556 (Ala. July 6, 2007). The vicarious liability judgment could not stand without a finding that the defendant’s agents engaged in the misconduct that plaintiff alleged. Although plaintiff abandoned his claims against the agents, he did not obtain a formal dismissal of the claims, and the jury charge did not address the plaintiff’s claims against the agents.