Cases Released November 30, 2007

From the Alabama Court of Civil Appeals:

M.M. v. L.L.

Robert Burton & Associates, LTD v. Morris

Alexander v. Alexander

Decker v. Decker

B.B.T. v. Houston County Department of Human Resources

J.W. v. C.H.

Vulcan Lands, Inc. v. Surtees

Shirey v. Pittman

A.S. v. W.T.J.

Brunson v. Brunson

Millry Mill Company v. Manuel

SCI Alabama Funeral Services, Inc. v. Hester


From the Supreme Court of Alabama:

Ex parte State of Alabama, In re: Gates v. State of Alabama

Ex parte State of Alabama, In re: State of Alabama v. Isbell

Fort James Operating Company, Inc. v. Stephens

Attorney General Troy King, in his official capacity v. Campbell

Blue Circle Cement Inc. v. Phillips

Carraway Methodist Health Systems v. Wise

Appellate Decision Final Upon Certificate of Judgment; Temporary Custody Order Not Appealable

The Court of Civil Appeals waded through a procedurally “convoluted” case to dismiss a mother’s appeal from a temporary custody order, while granting her a writ of mandamus to recuse the trial judge. Along the way, the court reminded readers that an appellate court’s decision is not final until the tribunal issues a certificate of judgment. S.J.R. v. F.M.R., No. 2060919 (Ala. Civ. App. Nov. 16, 2007).

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Severance or Rule 54(b) Certification Would Have Yielded Appellate Jurisdiction

The Alabama Supreme Court chose not to dismiss an appeal as taken from a non-final judgment, where other claims against other defendants remained pending below, instead remanding the case for a possible certification under Rule 54(b). ArvinMeritor, Inc.v . Handley, No. 2050951 (Ala. Civ. App. Nov. 16, 2007). The state’s high court also explained that, had the appealed claim been severed and recreated as its own civil action, it would have been correctly before the reviewing court.

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Failure to Cite Authority Defeats Appellants in Two Cases

The Alabama Supreme Court affirmed decisions in two cases, partly because the appellants had not cited legal authority on key points of their arguments. Retail Developers of Ala., LLC v. East Gadsden Golf Club, Inc., No. 1060370 (Ala. Nov. 16, 2007); Chapman Nursing Home, Inc. v. McDonald, No. 1060543 (Ala. Nov. 16, 2007). Though the pertinent reasoning in these cases is brief, the lesson is of obvious import.

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Lack of Legal Citation, Citing Affidavit Outside Record Defeat Appeal

A summary judgment was affirmed where, on key points, the appellant failed to cite “relevant legal authority,” and pointed to an affidavit outside the record. Roberts v. NASCO Equip. Co., No. 1060170 (Ala. Nov. 16, 2007).

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Cases Released November 16, 2007

From the Alabama Supreme Court:

Ex parte Marble City Plaza, Inc., In re: State of Alabama v. Marble City Plaza

Ex parte Addison Fabricators, Inc., In re: Addison Fabricators, Inc. v. Davis

Roberts v. Nasco Equipment Comany, Inc.

Retail Developers of Alabama, LLC v. East Gadsden Golf Club, Inc., d/b/a Rivertrace Golf Club

Chapman Nursing Home, Inc. v. McDonald

Ex parte Progressive Specialty Insurance Company, In re: Lowery v. Cu, et al.

Coleman v. Smith

Ex parte Duck Boo International Company, Ltd., In re: Leytham v. Kia Motors America, Inc., et al.

Ex parte Jackson, In re: Boise Cascade Corporation v. Jackson

Ex parte Williams, In re: Williams v. State of Alabama


From the Alabama Court of Civil Appeals:

Yates v. Rathbun

D.B. and E.B. v. J.E.H., Jr. and L.H.

Watkins v. Harper

F.G. and A.B. v. State Department of Human Resources

Edwards v. Intergraph Services Company, Inc.

Hannah v. Hannah

Newsome v. Newsome

Bowden v. Bowden

Smith v. Math

S.J.R. v. F.M.R.

Graham v. Alabama State Employees Association

ArvinMeritor, Inc. v. Handley

Wilbanks Health Care Services, Inc. d/b/a Sylacauga Health Care Center v. Alabama Medicaid Agency


Cases Released November 9, 2007

From the Supreme Court of Alabama:

Ex parte R.W.F., In re: R.W.F. v. State of Alabama

Ex parte Lawyers Title Insurance Corporation, In re: Jett v. Lawyers Title Insurance Corporation

Baugus, et al. v. City of Florence

Alabama Department of Transportation v. May

Walden v. Hutchinson et al.

Ex parte Overton and Waldrop, In re: Overton v. Prince Family Housing, Inc.

Ex parte Alabama Department of Transportation, In re: Reese and Howell, Inc. v. Alabama Department of Transportation

Hardin v. Dryvit Systems, Inc.

International Paper Company v. Madison Oslin, Incorporated

No opinions were released today by the Alabama Court of Civil Appeals .