Here is an interesting profile of Chief Justice Cobb which was recently published in the Anniston Star.
Monthly Archives: October 2007
Cases Released October 5, 2007
From the Alabama Court of Civil Appeals:
H.H. v. Baldwin County Department of Human Resources
From the Alabama Supreme Court:
Atlantic National Trust, LLC v. McNamee
Dunlap v. Regions Financial Corporation
Ex parte Board of Trustees / Directors and/or Deacons of Old Elam Baptist Church
Eleventh Circuit Follows Affirm on Any Valid Ground Rule
In affirming a summary judgment this week, the Eleventh Circuit reminded litigants that, “We may affirm the district court’s decision on any adequate ground, even if it is other than the one on which the court actually relied.” Smith v. Allen et al., No. 05-16010 (11th Cir. Oct. 2. 2007).
Improper Rule 54(b) Certification Moots Appellate Jurisdiction
In summary judgment proceedings, when an adjudicated claim and an unadjudicated counterclaim are so closely intertwined that separate resolution of the claims might produce inconsistent results, Rule 54(b) certification of an order resolving fewer than all of the claims is not proper. Moreover, “certification of a decision addressing only the type of damages recoverable on a certain claim is inappropriate.”