From the Alabama Supreme Court:
Ex parte A & B Transport, Inc., In re: Graben v. A & B Transport
From the Alabama Court of Civil Appeals:
Alabama Department of Environmental Management v. Alabama Rivers Alliance, Inc.
Monthly Archives: December 2007
Cases Released December 21, 2007
From the Alabama Court of Civil Appeals:
University of South Alabama Hospitals v. Blackmon
Folks v. Tuscaloosa County Credit Union
Dyess, et al. v. Bay John Developers II, L.L.C.
From the Supreme Court of Alabama:
Ex parte Smith Wrecker Service, Inc. and Frey, In re: Jackson v. Smith Wrecker Service, Inc.
Paragon Limited, Inc. v. Boles
Ex parte Psychomedics Corporation, In re: Long v. Psychomedics Corporation
Special Assets, L.L.C. v. Chase Home Finance, L.L.C.
Raley v. Main, as finance director of the State of Alabama, et al.
A Post-Judgment Motion Which Has Become Moot Is Not Deemed Denied by Rule 59.1; Alternative Grounds for a Rule 59 Motion Are Not Waived if Not Asserted on Appeal
In HIlb, Rogal & Hamilton v. Beirsdoerfer, No. 1060522, released December 14, the Supreme Court held that post-judgment motions which have become mooted are not subject to denial by operation of Rule 59.1. The court also concluded, in a matter of first impression, that a party who fails to raise its remittitur arguments on appeal from the grant of a motion for a new trial in its favor does not waive those arguments.
Cases Released on December 14, 2007
From the Alabama Court of Civil Appeals:
City of Mobile v. Pinto Island Land Company, Inc.
Alamo v. PCH Hotels and Resorts, Inc. d/b/a Mariott’s Grand Hotel
Kendrick v. Earl’s, Incorporated et al.
Montiel v. Estate of Gonzalo F. Montiel and Mobile Memorial Gardens, Inc.
From the Alabama Supreme Court:
Painter v. McWane Cast Iron Pipe Company
Lengthy Delay Cannot Defeat Claim of State Immunity
In Ex parte State of Alabama, Ms. 1061553 (Dec. 7, 2007), the Alabama Supreme Court held that even a delay of five years in raising state immunity cannot waive the right to assert that defense.
Rule 54(b) Certification Ineffective; Worker’s Comp Appeal Dismissed
The Court of Civil Appeals dismissed an appeal in a worker’s comp case, holding that the trial court’s rule 54(b) certification was ineffective because it did not dispose of an entire claim in the case. SCI Alabama Funeral Services, Inc. v. Hester, No. 2060260 (Ala. Civ. App. Nov. 30, 2007).
Ore Tenus Presumption of Correctness Heightened in Boundary Line and Adverse Possession Cases
In a routine case, when the trial court hears the evidence ore tenus, an appellate court presumes that the trial court’s findings based upon that testimony are correct. When the dispute at issue is a boundary line dispute or a case concerning adverse possession, the presumption of correctness is enhanced, particularly “if the trial court personally views the property in dispute.” Shirey v. Pitman, No. 2060574 (Ala. Civ. App. Nov. 30, 2007).
Court of Civil Appeals Reviews Denial of Summary Judgment
Although an appellate court ordinarily will not review an appeal from the denial of a motion for summary judgment, the Court of Civil Appeals reviewed the trial court’s denial of Vulcan Lands’ motion for summary judgment in its attempt to obtain a franchise tax refund from the State of
Cases Released December 7, 2007
From the Alabama Court of Civil Appeals:
From the Supreme Court of Alabama:
Ex parte State of Alabama, In re: Cannon v. State of Alabama
Ex parte State of Alabama, In re: Atkinson v. State of Alabama
Ex parte Partners in Care, Inc., In re: Sherman v. Partners in Care, Inc.
Ex parte Phil Bowman, In re: Heard v. APV North America, Inc., et al.
Ex parte Deborah R. Tisdale, In re: Tisdale v. State of Alabama
Muhammad v. Representative Ford and Warren, sheriff of Macon County
Court Decides Question of First Impression in Workers’ Comp Case
The Court of Civil appeals decided the following question of first impression in Burton & Assoc, Ltd. v. Morris, No. 2060802 (